( 1 ) PETITIONERS in these petitions challenge the notices under Sec. 263 of the income-Tax Act, 1961 (hereinafter referred to as "the Act"), inter alia, contending that the trust is not an Association of persons, but is an individual and, therefore, the Assessing officer has assessed the tax in accordance with law and the issuance of the notices under sec. 263 is contrary to the provision of law and not in consonance with the decision rendered by this court in the case of C. I. T. vs. Deepak Family Trust No. 1 (211 ITR 575) and by the Calcutta High Court in the case of in C. I. T. vs. Shri Krishna Bandar Trust (201 itr 989 ).

( 2 ) IN all these petitions, there is a common point and at the request of the learned advocates, we have disposed of these matters by a common judgment.

( 3 ) WE have taken the facts from Spl. C. A. No. 829 of 1996, which are as under:petitioner-ASSESSEE is a private discretionary trust. The beneficiaries of the said trust are individuals. For the assessment year 1993-94, assessee submitted its return in the status of an individual, disclosing therein the long term capital gain. The Assessing officer charged tax on the said capital gain at 2