No revision in case investments of assessee trust complying with section 11(5) & section 13(1)(d)

Sir Ratan Tata Trust Vs DCIT (ITAT Mumbai)

Conclusion:  Commissioner was clearly in error in invoking powers under section 263 on the ground that the Assessing Officer failed to examine the investments of the trust complying with the provisions of Section 11(5) and Section 13(1)(d) as how the trust was treating the investment, i.e., in the capital field or not, was thus truly determinative of the investment being part of the corpus, the mere fact of these investments being held as capital for at least more

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