- (1.) The Income Tax Appellate Tribunal, Allahabad has referred the following question of law under Section 256(1) of the Income Tax Act, 1961, hereinafter referred to as "the Act" for opinion to this Court: Whether on the facts and in the circumstances of the case, the Hon'ble ITAT was justified in holding that a Public Charitable Trust could be created orally and no writing was necessary for creating such trust
(2.) The present reference relates to the assessment years 1978-79, 1979-80 and 1980-81.
(3.) We have heard Sri R.K. Upadhyay, learned Counsel appearing for the revenue and Sri R.S. Agrawal, learned Counsel appearing for the respondent-assessee.;