THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE B.N.RAO NALLA REFERRED CASE Nos.262 of 1996; 39 and 53 of 1998 Dated:08.12.2011 Between: The Commissioner of Income Tax, Visakhapatnam. …Applicant and M/s.Rajya Lakshmi Family Trust, Kakinada, And others. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE B.N.RAO NALLA REFERRED CASE Nos.262 of 1996; 39 and 53 of 1998 COMMON ORDER: (Per Hon’ble Sri Justice V.V.S.Rao) As a common issue would arise in all these three Referred Cases, they are being disposed of by this common order. In R.C.No.262 of 1996 at the instance of the Commissioner of Income Tax, the Income Tax Appellate Tribunal, Hyderabad Bench “B”, referred the following question for the opinion of this Court. Whether on the facts and in the circumstances of the case, the Tribunal is justiﬁed in directing the A.O to tax at the maximum marginal rates only the income of each beneﬁciary and not the aggregate income of all the beneﬁciaries in the hands of the Trust? In R.C.No.39 of 1998 at the instance of the Commissioner of Income Tax, the Income Tax Appellate Tribunal, Hyderabad Bench “B”, referred the following question for the opinion of this Court. Whether on the facts and in the circumstances of the case, the Tribunal is justiﬁed in directing the A.O to tax at the maximum marginal rates only the income of each beneﬁciary and not the aggregate income of all the beneﬁciaries in the hands of the Trust? In R.C.No.53 of 1998 at the instance of the Commissioner of Income Tax, the Income Tax Appellate Tribunal, Hyderabad Bench “B”, referred the following question for the opinion of this Court. Whether on the facts and in the circumstances of the case, the Tribunal is justiﬁed in directing the A.O to tax at the maximum marginal rates only the income of each beneﬁciary and not the aggregate income of all the beneﬁciaries in the hands of the Trust? The question referred is squarely covered by our answer in R.C.No.229 of 1996, dated 25.11.2011. Following the same, the question is answered in the aﬃrmative in favour of the assessee and against the Revenue. These Referred Cases shall stand disposed of accordingly. _______________ (V.V.S.RAO, J) ____________________ (B.N.RAO NALLA, J) 08.12.2011 vs