2016 (8) TMI 321 - HC - Income Tax

High Court Deems Unanswered Legal Question Academic, Emphasizes Evolving Tax Law Interpretations

The High Court returned the substantial question of law unanswered, deeming it academic post the Apex Court's decision in Jyotendrasinhji. The judgment ... Applicability of section 164 Explanation 1(ii) - whether the Trust is assessable at maximum rate? - Held that:- Our attention is invited to Annexure 'B' to the statement of case i.e. the Assessment Order dated 21st March, 1983 passed in respect of the trust as an AOP. The Assessment Order determined the total income at ₹ 1.54 lakhs, while categorically holding that no demand is payable by the Trust as the income of the Trust is divided amongst the beneficiaries as per the Trust Deed. Consequently, the tax was recoverable from the beneficiaries of the Trust. Therefore, the option as provided under Section 166 of the Act was exercised by the Revenue. This option is available even in case of discretionary Trusts. Therefore, even in case the Revenue's contention is upheld on merits, it would not yet exclude the application of option in Section 166 of the Act which in this case has already been exercised. Therefore, the substantial question of law as raised for our opinion is being returned unanswered as it has now became academic in view of the decision of the Apex Court rendered in Jyotendrasinhji (1993 (4) TMI 1 - SUPREME Court ). The above decision was rendered after the making of the statement of case along with the question of law framed by the Income Tax Appellate Tribunal for our opinion. Issues:Interpretation of Explanation 1(ii) to section 164 of the Income Tax Act, 1961 regarding the assessability of a Trust at the maximum rate.Analysis:The judgment involves a reference under Section 256(1) of the Income Tax Act seeking an opinion on whether the Tribunal was correct in applying Explanation 1(ii) to section 164 to hold that a Trust is assessable at the maximum rate. The case revolves around a Trust settled by Dr. G. S. Mirje, carrying on business in scooters and spare parts, with specific beneficiaries. The CIT found the ITO's actions erroneous and issued a show cause notice for revision. The Tribunal upheld the CIT's decision, applying Explanation 1(ii) of Section 164 to deem the Trust as a discretionary trust. The Trust Deed was modified by a Rectification Deed, withdrawing the trustees' discretion, leading to the application of Section 164. The Tribunal's decision was based on this interpretation of the law.The ApplicantTrust, initially considered a specific Trust, was later deemed a discretionary trust due to the Rectification Deed withdrawing the trustees' powers. The Revenue and the Tribunal relied on Explanation 1(ii) of Section 164 to hold the Trust assessable at the maximum rate. The Tribunal framed a substantial question of law regarding the interpretation of this Explanation, leading to the reference to the High Court for opinion. The Applicant's counsel argued that subsequent Apex Court decisions rendered the question academic, citing cases related to Section 166 of the Act. The counsel emphasized that the Tribunal itself had allowed appeals in subsequent years based on these decisions, indicating a change in interpretation post the statement of the case.The counsel further referred to the Apex Court decision in Jyotendrasinhji, highlighting that trustees of a trust are treated as representative assesses under Section 160(1) of the Act. The Court's interpretation of Sections 160 to 165, along with Section 166, as part of Chapter XVC, was crucial in understanding the tax implications on discretionary trusts. The Assessment Order of the Trust as an AOP in 1983, dividing income amongst beneficiaries, showcased the Revenue's exercise of the option under Section 166. The counsel argued that even if the Revenue's contention on the Trust's assessability was upheld, the option under Section 166 would still apply, as confirmed by the Apex Court.Ultimately, the High Court returned the substantial question of law unanswered, considering it academic post the Apex Court's decision in Jyotendrasinhji. The judgment highlighted the evolving interpretations of tax laws, especially concerning the assessability of trusts and the application of relevant sections like 164 and 166. The case underscored the importance of legal precedents and subsequent judicial decisions in shaping the understanding and application of tax statutes.