Commissioner Of Income-Tax (Central v. Ashutosh Mohunta, J.(Oral

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH WTR No.16 of 1999DATE OF DECISION: March 30, 2010 COMMISSIONER OF INCOME-TAX (CENTRAL),...PETITIONERLUDHIANA VERSUS SMT. GURMAIL KAUR TRUST, LUDHIANA...RESPONDENT CORAM:HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA.HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR. PRESENT: MR. KRISHAN MEHTA, SR.STANDING COUNSEL FOR THE PETITIONER. MR. AKSHAY BHAN, ADVOCATE FOR THE RESPONDENT. ASHUTOSH MOHUNTA, J.(ORAL) The Income Tax Appellate Tribunal, Chandigarh Bench hasreferred the following question of law for adjudication by this Court:- “Whether on the facts and in the circumstances of the case, theIncome-tax Appellate Tribunal is right in law in holding thatthere is no legal infirmity insofar as this Trust is concernedand that it could not be treated as a discretionary one to beassessed as per provisions of Section 21(4) of the Wealth-taxAct, 1957?” This very question came up for consideration before this Courtin the case of the same assessee in ITR Nos.47 to 49 of 1989 and has beenanswered against the revenue vide order dated 16.4.2004. Accordingly, this reference is answered against the Revenueand in favour of the assessee in the same terms as ITR Nos.47 to 49 of 1989. (ASHUTOSH MOHUNTA) JUDGE March 30, 2010 Gulati (MEHINDER SINGH SULLAR) JUDGE