KRISHNA DESCRETIONARY FAMILY TRUST,MUMBAI vs. ITO 12(2)(1), MUMBAI
In the result, appeals filed by these assessees are partly allowed in the manner aforesaid
ITA 4693/MUM/2014[1986-87]Status: DisposedITAT Mumbai24 Nov 2015AY 1986-87
Bench: S/Sh. Rajendra & Parthasarathy Choudhurys
For Appellant: Shri Hemanshu ShahFor Respondent: Shri Debashis Chanda-(CIT-DR)
Section 143(3)Section 154Section 155Section 155(2)Section 244ASection 254(1)
…ed for protective assessments, such taxes have to be refunded to them. 32.We do not find much force on the reliance placed by the learned standing counsel on the decision of the Gujarat High Court in the case of Saurashtra Cement & Chemical Industries vs. ITO 194 ITR 659. In that case there was no assessment at all and the question of refund was considered in that perspective which is quite different from the present case. The income involved in the substantive assessment as well as in the protective assessments are one and the same. The income has been assessed substantively in the hands of the Main Trusts and t…