(1) THIS appeal by certificate arises upon an income tax reference, the relevant assessment years being Assessment Years 1965-66, 1966-67, 1967-68, 1968-69 and 1969-70. The High court answered the questions placed before it in the affirmative, i.e.. in favour of the assessee, relying upon its judgment in the assessees own case for the Assessment Years 1963-64, 1964-65, 1966-67. The question before the High court was this:

"WHETHER on the facts and circumstance5 of the case the tribunal was right in holding that the income of the trust was not includible in the hands of the settlor under the provision of Section 64(v) of the income Tax Act.

"

(2) THE assessee, an individual, had executed two deeds of trust and a supplementary deed. the cumulative effect of which was that the income from the trusts was to be accumulated until the attainment of majority by his three sons. The cumulative income was then to be divided into three equal shares and the respective l/3rd share of each son was to he paid to him. The question was whether the income from the trusts could be included in the total income of the assessee under the provisions of Section 64(v) of the income Tax Act