TMI Blog2007 (8) TMI 338X X X X Extracts X X X X X X X X Extracts X X X X ..... change in the present assessment years. Hence, we are of the view that the Tribunal correctly followed its earlier order and held that the Assessing Officer cannot club the income of Sri Balaji Trust in the hands of the assessee - 1059 and 1060 of 2007 - - - Dated:- 6-8-2007 - D. MURUGESAN and P. P. S. JANARTHANA RAJA JJ. N. Muralikumaran for the appellant. JUDGMENT The judgment of the court was delivered by P. P. S. JANARTHANA RAJA J. - These appeals are filed under section 260A of the Income-tax Act, 1961, by the Revenue, against the order of the Income-tax Appellate Tribunal, Bench "SMC-III(D)", Chennai, in I. T. A. Nos. 1006 and 1007/Mds/2005, dated November 16, 2005, raising the following common substantial question ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted for scrutiny and notice under section 143(2) was issued and the assessment was completed under section 143(3) of the Act. While completing the assessments, the Assessing Officer was of the view that the income of the trust, namely, Sri Balaji Trust, has to be included in the total income of the assessee as the members of the association of persons assessee and trustees of the alleged trust are one and the same and the income of the trust are being enjoyed by the members of the association of persons assessee only. Further, it was found out that the association of persons assessee itself have availed of benefit under the scheme of KVSS and paid the tax arrears for the earlier years wherein it has preferred to club the income of Sri Balaj ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... "After hearing both the parties, I find that the Assessing Officer made the disallowance because according to him, Sri Balaji Trust was not genuine. I further find from the order of the Tribunal 'C' Bench, Madras, in the case of the assessee in I. T. A. No. 989/Mds/1991(copy of the order was filed on record by learned counsel) that the trust was held to be genuine. Therefore, I think, now there is no justification in the addition in respect of the trust income and, therefore, the order of the learned Commissioner of Income-tax (Appeals) calls for no interference and the same is confirmed." Hence, the present tax cases by the Revenue. 4. Learned senior standing counsel appearing for the Revenue submitted that the members of the assoc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l against the earlier order of the Tribunal to the High Court, or not and also he has undertaken to furnish a copy of the earlier order of the Tribunal. Further, the case was adjourned to July 31, 2007. On July 31, 2007, counsel for the Revenue again requested the court to adjourn the matter finally to enable him to get the details from the Department. Hence, the matter was adjourned today. Even today, counsel for the Revenue is unable to furnish any details regarding the earlier order of the Tribunal and is also unable to furnish a copy of the same. Therefore, the earlier order of the Tribunal has become final. Further, counsel for the Revenue is also unable to give any compelling reason or point out any material change in the present asse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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