Commissioner Of Income-Tax v. Harsh Family Trust

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD INCOME TAX REFERENCE No 43 of 1985 For Approval and Signature: Hon'ble CHIEF JUSTICE MR DM DHARMADHIKARI and Hon'ble MR.JUSTICE A.R.DAVE ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the Civil Judge? : NO -------------------------------------------------------------- COMMISSIONER OF INCOME-TAX Versus HARSH FAMILY TRUST -------------------------------------------------------------- Appearance: MR MIHIR JOSHI FOR MR MANISH R BHATT for Petitioner MR HM TALATI for Respondent No. 1 -------------------------------------------------------------- CORAM : CHIEF JUSTICE MR DM DHARMADHIKARI and MR.JUSTICE A.R.DAVE Date of decision: 31/08/2000 ORAL JUDGEMENT (Per D.M. DHARMADHIKARI, C.J.) 1.�Learned counsel appearing for the Department points out that by order dated 9-2-1999 in Income-Tax Refernece No. 212 of 1984 concerning the same assessee for earlier assessment year, the following two questions were answered against the revenue and in favour of the assessee:- "1. Whether, the Tribunal has not erred in law and on facts in holding that the assessee is a specific trust and that its income is exempt? 2. Whether, on the facts and in the circumstances of the case, the finding of the Tribunal, that the assessee trust is a specific trust and not discretionary one liable to pay tax at the rate of 65% as held by the ITO is correct in law and sustainable from the material on record?" 2.�We, therefore, answer the two questions in favour of the assessee and against the revenue. The reference shall accordingly stand disposed of. A copy of the order passed in Income Tax Reference No. 212 of 1984 decided on 9-2-1999 is taken on record. �There shall be no order as to costs. ���(D.M. DHARMADHIKARI, C.J.) ����(A.R. DAVE, J) [sndevu]