High Court held that in order to attract section 164(1), beneficiaries on whose benefit, such income or such part thereof is receivable are indeterminate and unknown.  Where beneficiaries are to share benefit as per their investment made in proportion to investment made, any person with reasonable prudence would reach to conclusion that shares are determinable and thus, once shares of beneficiaries are found to be determinable, income of that respective sharer or beneficiaries is to be taxed in hands of beneficiary and not in hands of trustees. SLP of revenue is dismissed  due to low tax effect. (AY. 2009-10)