1978 (6) TMI 31 - HC - Income Tax

Tax Court: Speculative income in minors' names taxable to assessee. Notional motor car income not a benefit.

The court held that speculation income earned in the names of minors should be taxed as belonging to the assessee as there was no evidence that the minors ... Benami Income, Benami Transaction, Income From Business, Speculative Transactions Issues:1. Determination of speculation income earned in the names of minors as belonging to the assessee for assessment year 1970-71.2. Inclusion of a notional sum of Rs. 1,800 as income of the assessee for assessment year 1970-71.Analysis:1. The case involved the assessment of speculation income earned in the names of minors, Mukesh Mehta and Bhupen Mehta, for the assessment year 1970-71. The assessee contended that the business belonged to his minor sons and the capital accrued from gifts. However, the Income Tax Officer (ITO) included the income in the assessee's total income. The Appellate Assistant Commissioner (AAC) confirmed this decision, stating that the transactions were carried out through brokers without disclosing the minors' involvement. The Tribunal concluded that the assessee conducted the speculative transactions in his own name using the minors' names. It was held that the income should be taxed as the assessee's, as there was no evidence that the minors actually benefitted from the business. The High Court affirmed this decision, emphasizing that the assessee was conducting the business on his own account using the minors' names.2. The second issue pertained to the inclusion of Rs. 1,800 as income of the assessee for the assessment year 1970-71 due to the free use of a motor car belonging to a company where the assessee was the managing director. The AAC confirmed this addition as a benefit accrued to the assessee. However, the Tribunal deemed the notional income from the motor car as income from other sources, indicating no contractual obligation for the company to provide the car as a benefit. Citing a Madras High Court decision, it was held that a person must have a legal or equitable claim to a benefit from a company. The High Court concurred with this principle and ruled in favor of the assessee, stating that the notional income from the motor car should not be considered a perquisite or benefit.