( 1 ). These appeals are preferred by the Revenue under Section 260a of the Income Tax Act, 1961 (hereinafter referred to as the Act), inter alia, contending that :

I) The trustees of the assessee trust are not to be assessed in the status of "individual";

II) the assessee is not entitled to claim deduction under Section 80l of the Act as an "individual" as also is not entitled for capital gain as is applicable to an "individual" ; and

III) the income of the assessee trust under the head "income from other sources" is to be taxed at maximum marginal rate as per Section 164 (1) of the Act.

( 2 ). Facts are taken from ITA No. 86 of 2004. For the assessment year 1995-96 return of income was filed on 30th August, 1995 declaring total income of Rs. 17,85,270/- including long term capital gain of Rs. 17,50,690/ -. The case was selected for scrutiny and a notice was issued under Section 143 (2) of the Act to the assessee. The assessee claimed the status of "resident Individual". However, the assessee was assessed in the status of "aop (Trust)" and the maximum marginal rate of tax was applied. Deduction claimed under Section 80l was disallowed. Application under Section 154 fi