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1996 DIGILAW 368 (SC)

Prem Family Private (Specific) Trust v. Commissioner Of Income Tax

1996-02-09

B.N.KIRPAL, J.S.VERMA

body1996
ORDER 1. Leave granted. 2. We have perused the Tribunals order. It is clear that no question of law arises out of the Tribunals order and the only question involved is a pure question of fact regarding 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 Tribunals order. The impugned order made by the High Court allowing the Revenues application under Section 256(2) of the Income Tax Act, 1961 has, therefore, to be set aside. 3. Consequently, the appeal is allowed. The impugned order of the High Court is set aside resulting in dismissal of the Revenues application under Section 256(2) of the Income Tax Act. No costs.