KHAN BAHADUR M HABIBUR RAHMAN Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) -

(2.) THE question of law which has been referred to this Court by the Income-tax Appellate Tribunal is as follows :-

(3.) BEFORE the Income-tax Officer it was not disputed that the assessment upon the income from the waqf property during the accounting year was to be made under the provisions of Section 41 of the Indian Income-tax Act. What was seriously disputed was the question whether the tax should be levied upon the share of each beneficiary under the waqf applying the individual rates applicable separately to the total income of each beneficiary or it should be levied at the maximum rate under the first proviso of Section 41 on the ground that the individual shares of the persons to be benefited by the waqf are indeterminate or unknown.