TMI Blog1996 (3) TMI 13X X X X Extracts X X X X X X X X Extracts X X X X ..... ing common question for the opinion of this court in respect of six assessees for the assessment years 1973-74 to 1975-76 under section 256(1) of the Income-tax Act, 1961 : "Whether, on the facts and in the circumstances of the case, the assessee which is a private trust, with beneficiaries, whose shares are indeterminate, is eligible for relief under section 80L for the assessment years 1973-74 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essee is not eligible for the relief. The Income-tax Officer relied upon section 164 which specifically stipulated that where the shares of the beneficiaries are not definite, the tax has to be charged as if the relevant income or part of the relevant income were the total income of an association of persons or at the rate of 65 per cent., whichever course would be more beneficial to the Revenue. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... into consideration the deductions provided under section 80L as well. Accordingly, the Tribunal confirmed the order passed by the Appellate Assistant Commissioner. A similar question came up for consideration before this court in CIT v. Venu Suresh Sanjay Trust [1996] 221 ITR 649, wherein this court held : "The determination of total income depends on the various provisions of the Income-tax A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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