Rc/173/1996 Of The Commissioner Of Income Tax Visakhapatnam v. M/S.mullapudi Family Kakinada

THE HON'BLE SMT JUSTICE T.MEENA KUMARI& THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO REFERRED CASE NO :173 of 1996 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) In this case, under Section 256(1) of the Income Tax Act, 1961, the following question is referred to this Court for opinion: “Whether, on the facts and in the circumstances of thecase, the Tribunal is justified in directing the assessingofficer to tax at the maximum marginal rates only theincome of each beneficiary and not the aggregate incomeof all the beneficiaries in the hands of the Trust ? When the matter was taken up, both the Counsel submitted thatthe above referred question is covered by a judgment of this Court inR.C.No.145 of 1992 dated 30.6.2003. Recording the above submission, this reference is answered interms of the above judgment. __________________________ Justice T. Meena Kumari _____________________________ Justice Nooty Ramamohana Rao Date: 17[th] March, 2010 nn. THE HON'BLE SMT JUSTICE T.MEENA KUMARI& THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO REFERRED CASE NO : 173 of 1996(Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 17/03/2010