Sen, J. - (1.) At the instance of the Commissioner of Income-tax, West Bengal-I, Calcutta, (sic) the Tribunal in this case has referred the following question to this court under Section 256(1) of the Income-tax Act, 1961 : "Whether, on the facts and in the circumstances of the case and on a proper construction of the deed of trust dated 3rd January, 1942, the Tribunal was correct in holding that the individual shares of the beneficiaries were indeterminate or unknown and hence the provisions of Section 164 of the Income-tax Act, 1961, were attracted to the entire income of the trust ?"
(2.) The facts found and/or admitted in these proceedings are as follows :
(3.) The assessee is Khimji Keshavji Trust Estate, Calcutta. The assessment years involved are 1965-66 and 1966-67, the relevant previous years being 2020 and 2021 Gujrati Dewali years.;