ORDER
1. The Income Tax Appellate Tribunal, Delhi, has referred following question of law under Section 256(2) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') for opinion to this Court:
Whether, on the facts and in the circumstances of the case, the Incomeax Appellate Tribunal was legally right in upholding the order of the JM Deputy Commissioner (Appeals) whereby a direction has 'been made to make a substantive assessment in this case?
2. We have heard Sri Shambhu Chopra, learned standing counsel for the revenue.
3. It has been stated by Sri Shambhu Chopra that this Court in ITR No. 73 of 1993, decided on 30-3-2005 has held the similar trust to be a valid trust. Thus, the question referred to is answered in favour of the assessee and against the revenue. There shall be no order as to costs.