Assistant Commissioner of Income Tax vs Ajay Vijay Traders

By the court

Heard the learned counsel for the appellant.

In our view, no substantial question of law arises for consideration less a question of law. In para. 6 of the impugned order, the Tribunal has stated thus :

"The undisputed fact of these appeals are that this trust was created by Shri Ghanshyamdas vide Trust Deed dated 12-4-1982, for the benefit of the children of his sister Smt. Bhagwanti Bai. The assessing officer, in his order, admitted that shares of the beneficiaries are specific and determined. He also admitted that the trustees are representatives of the assessees of the beneficiaries. Even then he invoked the provisions of section 161(1A) and according to him, these amended provisions are applicable to the facts of this case. He, therefore, by applying the marginal rate of tax, assessed the total income of the trust in the hands of the appellant-firm. In this connection, decision of the Apex Court in the case of The Commissioner of Wealth Tax, Andhra Pradesh, Hyderabad Vs. Trustees of H.E.H. Nizam''s Family Hyderabad, is worth mentioning. The Special Bench of the Tribunal in the case of Mohammed Omer Family Trust v. Income Tax Officer (1992) 40 lTD 1 (Hyd) under the similar facts and circumstances of the case has held that in a case where beneficiaries are known and their shares were determinate and total income of trust included income from profits and gains of business tax at maximum marginal rate had to be charged in hands of trustee only in respect of whole of income of each beneficiary and not on aggregate income of all beneficiaries. In this very case, the Special Bench was of the opinion that Association of Persons cannot be created by imposing tax at maximum marginal rate on the total income of the trust."

On the admitted facts, the Tribunal did not find merit in the appeals filed by the revenue and hence, they were dismissed. The Tribunal in the impugned order thought has not referred to proviso to section 161(1A) , but it applied the law correctly to the admitted facts of the case.

That being the position, the appeal does not merit admission. Hence, it is dismissed at this stage.