9911796707
TMI Blog1983 (12) TMI 90X X X X Extracts X X X X X X X X Extracts X X X X ..... ief under section 80L of the Income-tax Act, 1961 ('the Act') was disallowed by the ITO on the ground that such relief is allowable only to 'individuals' and 'HUFs' and in those exceptional cases of husband and wife of the formerly Portuguese territories. 2. On appeal, the AAC held that the true status of the assessee ought to be individual and not an AOP. He, therefore, held that the assessee wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se of Gopal Srinivasan Trust v. ITO [1983] 3 ITD 322. According to the learned counsel, the status in the present case had to be taken as individual to whom relief under section 80L was available. 5. After hearing the parties and going through the provisions referred to, I find that there is no substance in the departmental appeal though not for the reasons stated by the AAC. Section 80L(1) refer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a body of individuals or an AOP. Prima facie, there could not be a case of these two people being treated as a 'body of individuals' and in the alternative an 'association of persons'. If they are a BOI that should be sufficient to describe them amply. The question of another appellation, viz., AOP, does not arise. Also in the light of decisions like CIT v. Indira Balkrishna [1960] 39 ITR 546 (SC ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ust has two or more beneficiaries or has two or more trustees, no provision of law has been cited to term this trust as an 'association of persons'. The author of the trust puts the trust property under an obligation. For administration of the obligation, he may appoint one person or a multitude of persons. He may make the trust for the benefit of one person or many persons. In neither of these ca ..... X X X X Extracts X X X X X X X X Extracts X X X X
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