SABYASACHI MUKHARJEE, SUDHINDRA MOHAN GUHA
CHUNILAL MULJI MOTANI – Appellant
Versus
COMMISSIONER OF INCOME-TAX – Respondent
( 1 ) IN this reference, under Section 256 (1) of the I. T. Act, 1961, the following two questions have been referred to this court:" I. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in their conclusion that the indenture of settlement dated 21st May, 1960, was a revocable transfer within the meaning of Section 61, Section 62 and Section 63 of the Income-tax Act, 1961 ? 2, If the answer to the first question is in the negative and in favour of the assessee, whether the inclusion and assessment of the entire income from the trust property known as ' Kamani Mansion ' at No. 3, Allenbery Road, Calcutta, in the hands of the settlor for the assessment years 1967-68, and 1968-69 is justified and right in law? "
( 2 ) THIS reference relates to the assessment years 1967-68 and 1968-69. It appears that one Shri Girdharilal Hansraj Kamani had executed a registered indenture of settlement on May 21, 1960, settling on trust for public, religious and/or charitable purposes the property known as " Kamani Mansion " bearing No. 3, Allenby Road, Calcutta, in favour of six trustees specified in the said deed. As mainly th
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