- (1.) We have heard Shri Shambhu Chopra appearing for the Income Tax and Wealth Tax department. Shri V.B. Upadhyay, Sr. Advocate assisted by Shri Vidya Bhushan Upadhyay appears for the respondent assessee.
(2.) In all these appeals under Section 260A of the Income Tax Act pending in the Court, the Commissioner of Income Tax has raised the following questions of law to be decided by this Court:- "ITR No.149 of 1989 "1) Whether in law and on facts of the case, the I.T.A.T. was justified in allowing relief to the assessee u/s 80G of the Income-tax Act, 1961, on the donation of Rs.50,000/- paid to Sherwani Charitable Trust ITR No.150 of 1989 "1. Whether in law and circumstances of the case the ITAT was justified in deleting the addition of Rs.13,398/- made as notional trustee's remuneration from M/s Shervani Charitable Trust, Allahabad, for the year under consideration 2. Whether in law and circumstances of the case the ITAT was justified in following the order of the Settlement Commission holding that the assessee was not the notional trustee and that the Trust named M/s Shervani Charitable Trust was wholly Charitable Trust, despite the fact that the matter was still sub-judice and a Special Leave Petition was pending before the Hon'ble Supreme Court of India, New Delhi ITR No.130 of 1989 "Whether on the facts and in the circumstances of the case the Income-tax Appellate Tribunal was justified in upholding the order of the CIT (A) deleting the additions made to the assessee's total income as notional trustee's remuneration from M/s Shervani Charitable Trust, Allahabad on the ground that the decree of Civil Judge, Allahabad dated 11.2.1980, deleting Clause 2 (c) of the Trust Deed prescribing the payment of remuneration to the Managing Trustee was retrospective in its operation ITR No. 93 of 1990 In ITR No.93 of 1990 the Tribunal vide its reference dated 10th May, 1990 has referred the same questions as above for consideration relating for the same assessment year. ITR No. 97 of 1990 "1. Whether in law and circumstances of the case the ITAT was justified in deleting the addition of Rs.18,546/- made as notional trustee's remuneration from M/s Shervani Charitable Trust, Allahabad for the year under consideration. 2. Whether in law and circumstances of the case, the ITAT was justified in following its earlier decision for the assessment year 1974-75 wherein the order of the Settlement Commission holding that the assessee was not the notional trustee and that the trust named M/s Shervani Charitable Trust was wholly Charitable Trust was followed, despite the fact that the matter was still sub-judice and a Special Leave Petition was pending before the Hon'ble Supreme Court of India, New Delhi, against the said order of the Settlement Commission -
(3.) Shri Shambhu Chopra, learned counsel appearing for the income tax department submits that questions of law raised as above in these appeals are covered by the judgment of the Supreme Court in Civil Appeal No.6874 of 2000 decided on 9th October, 2001 between the same parties. The Supreme Court held that a fraud was played by rectification of the trust deed by following the very object of the trust, and the trust deed must be read as it originally stood and that in the manner in which the appellant trust, now be assessed. The Apex Court further observed that the observations made in the order shall not affect the assessment proceedings that have already become final.;