Supreme Court of India
Prem Family Private (Specific) Trust vs Commissioner Of Income Tax on 9 February, 1996
Equivalent citations: [1997]226ITR694(SC), (1998)8SCC464, AIRONLINE 1996 SC 867
Bench: J.S. Verma, B.N. Kirpal
ORDER
1. Leave granted.
2. 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 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 allowing the Revenue's 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 Revenue's application under Section 256(2) of the Income Tax Act. No costs.