1960 (5) TMI 29 - HC - Income Tax

Appellate Tribunal's Jurisdiction Overturned, Assessment Continues as Directed

V. Ramaswamy Iyengar Versus Commissioner of Income-tax

The Appellate Tribunal's decision to assess the receivers under Section 10 was deemed beyond its jurisdiction. The assessment was directed to continue ... = Issues Involved:1. Assessment of income for the years 1939-40 and 1941-42 to 1946-47.2. Determination of the shares of the widows and adopted sons.3. Application of Section 41 and Section 10 of the Indian Income-tax Act.4. Jurisdiction and powers of the Appellate Tribunal.5. Refund of institution fee under Section 66(6) of the Act.Detailed Analysis:1. Assessment of Income for the Years 1939-40 and 1941-42 to 1946-47:The case involves the assessment of income for the years 1939-40 and 1941-42 to 1946-47. The estate in question belonged to Arunachalam Chettiar (senior) and was managed by joint receivers after his death. The assessment was initially made under Section 41 of the Indian Income-tax Act. The Appellate Tribunal had to decide whether the assessment should continue under Section 41 or be made under Section 10 as an association of persons.2. Determination of the Shares of the Widows and Adopted Sons:The estate was claimed by Arunachalam Chettiar's two widows, Lakshmi Achi and Nachiar Achi, and his widowed daughter-in-law, Umayal Achi. The trial court found that Umayal Achi was entitled to one-half share of the properties in India and moveable properties outside India. This was upheld by the Federal Court and modified by the High Court. A compromise was later reached, dividing the estate into one-third shares for each widow and their adopted sons. The assessment of income during the relevant years had to consider these shares.3. Application of Section 41 and Section 10 of the Indian Income-tax Act:Section 41 creates a vicarious liability for receivers managing an estate. The tax is levied on the receiver as if it were on the beneficiaries. If the shares of the beneficiaries are indeterminate, the income is taxed at the maximum rate. The Appellate Tribunal initially assessed the income under Section 41 but later directed the assessment under Section 10, treating the receivers as an association of persons. This change was contested as it would enhance the tax liability.4. Jurisdiction and Powers of the Appellate Tribunal:The Tribunal's jurisdiction is limited to the subject matter of the appeal. It can pass orders on the grounds raised in the appeal but cannot enhance the tax liability unless there is an appeal by the Department. The Tribunal's power to remand is incidental to its power to hear and dispose of the appeal. The Tribunal cannot pass an order that would make the appellant's position worse than before the appeal. In this case, the Tribunal's order to assess under Section 10 was deemed beyond its jurisdiction as it would increase the tax liability without an appeal from the Department.5. Refund of Institution Fee under Section 66(6) of the Act:The court addressed whether it could direct the refund of the institution fee paid by the assessees when they filed their applications under Section 66(1) of the Act. It was held that the fee is incidental to the reference and can be refunded as part of the costs under Section 66(6). This practice was consistent with precedent cases where similar refunds were directed.Conclusion:The Tribunal's direction to assess the receivers under Section 10 was beyond its jurisdiction. The assessment should continue under Section 41. The court also directed the Tribunal to refund the institution fee to the assessees. The assessees were entitled to their costs, and the question referred was answered in the negative, favoring the assessees.