T vs. Shriram Growth Fund, Chennai
In the result, the Appeal of the assessee is partly allowed and the Revenue’s appeals dismissed
ITA 1902/CHNY/2016[2009-10]Status: DisposedITAT Chennai07 Jun 2017AY 2009-10
Bench: Shri N.R.S. Ganesan & Shri D.S.Sunder Singh
For Respondent: Mr.Percy J. Pardewalla, Sr
Section 10Section 115Section 161(1)Section 164Section 40A(2)(b)
…d his assessment is an element of finality, it is no more permissible for the department to assess the trust again. This is also in line with the CBDT Circular No.157, dated 26.12.1974. The decision of Karnataka High Court in the case of CIT Vs Smt. Indramma (25 Taxmann.com 259) also affirms the above findings. On an identical facts and issue, the ITAT, “B” Bench, Bangalore in ITA No.178/Bang/2012 dt.17.10.2014 in the case of India Advantage Fund VII, has laid down following principles on applicability of Section 164(1) of the Act. a) Identification of beneficiaries b) Ascertainment of share of the beneficiari…