Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: PREM FAMILY (PVT ) (SPECIFIC) TRUST VS Respondent: COMMISSIONER OF INCOME TAX
Court Name: Supreme Court of India Judge(s): B. N. Kirpal, J. S. Verma Title: PREM FAMILY (PVT ) (SPECIFIC) TRUST vs COMMISSIONER OF INCOME TAX Case No.:Civil Appeal No of 1996 arising out of Special Leave Petition (Civil) No,25112
JUDGMENT
Reported As: 1998 PTD 241 Result: Leave granted Judgment JUDGMENT ' We have perused the Tribunal's order. It is clear that no question of law arises out of the Tribunal's order and the only question involved is a pure question of fact regarding the genuineness of the trust. In the facts of the present case, no occasion arose for application of any principle of law at any stage for deciding this question relating to the genuineness of the trust and, therefore, there was no basis to hold that a question of law arises out of the Tribunal's order. The impugned order made by the High Court see (1996) 217 ITR 546) allowing the Revenue's application under section 256(2) of the Income-tax Act, 1961, has therefore, to be set aside. ' Consequently, the appeal is allowed. The impugned order of the High Court (see (1996) 217 ITR 546) is set aside resulting in dismissal of the Revenue's application under section 256(2) of the Income-tax Act. No costs.