9911796707
TMI Blog1989 (12) TMI 36X X X X Extracts X X X X X X X X Extracts X X X X ..... l to state the case and refer the following two questions of law to this court: " (1) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in law in holding that a valid trust had come into existence and the assessment should have been made in accordance with section 161 of the Income-tax Act in respect of the trust ? (2) Whether, on the fac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ur and came to the conclusion that it is the respondent who was the person behind the said document and that the income should be taxed in his hands. The aforesaid question regarding the genuineness of the trust arose for the first time in the previous year relevant to the assessment year 1975-76. The respondent filed an appeal and the appellate authority held that the trust was genuine and decid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... peal was filed to the Commissioner of Income-tax (Appeals) but the same was dismissed. second appeal was filed before the Tribunal who followed their earlier decision for the year 1975-76 and allowed the appeal holding that the income from the trust was not to be included in the hands of the respondent. The petitioner then filed an application under section 256(1) and after the same was dismissed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cts and circumstances into consideration and also the evidence of one Dr. Dayaland one Shri 1. C. Mathur who had supported the case of the assessee with regard to the execution of the trust deed, the Tribunal found as a fact that a valid trust deed had been executed by Shri P. N. Mathur. We are unable to come to the conclusion that the finding of the Tribunal was, in any way, perverse or was arriv ..... X X X X Extracts X X X X X X X X Extracts X X X X
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