1996 (8) TMI 135 - AT - Income Tax

Trusts Taxed at Maximum Rate for Deemed Business Income

Income-Tax Officer. Versus Bharti Trust.

The trusts were held liable to be taxed at the maximum marginal rate under section 161(1A) of the Income-tax Act, 1961, as they were deemed to be deriving ... Assessing Officer, Assessment Year,Interest Income,Profits And Gains Of Business, Registered Firm Issues:Whether the respondent-trusts are liable to tax at the maximum marginal rate under section 161(1A) of the Income-tax Act, 1961 on the total income remaining after set off of share of loss from partnership concerns or loss from proprietary business.Analysis:The judgment dealt with a group of appeals concerning the tax liability of respondent-trusts under section 161(1A) of the Income-tax Act, 1961. The trusts in question were partners in registered firms and had shown varying income or losses from these partnerships. The Assessing Officer had taxed the trusts at the maximum marginal rate, considering the inclusion of profits and gains of business in their income. The Dy. CIT (Appeals) overturned this decision, stating that since there was no business income earned by the trusts in the years under appeal, section 161(1A) did not apply.The main contention revolved around the interpretation of the phrase 'Profits and gains of business' in section 161(1A). The Revenue argued that this phrase encompassed losses from business activities, justifying the tax at the maximum marginal rate. Conversely, the counsel for the assessee-trusts contended that only positive profits and gains should be subject to this provision, not negative figures. They argued that even if losses were included in the total income, tax should not be levied at the maximum marginal rate due to the set-off provisions in the Income-tax Act.The tribunal analyzed the legislative intent behind section 161(1A) and referred to relevant case law to interpret the provision. It emphasized that a literal interpretation should not lead to absurd results and that the intent of the legislation should guide the interpretation. Ultimately, the tribunal held that the trusts were deriving income from profits and gains of business, thereby affirming the Assessing Officer's decision to tax them at the maximum marginal rate and overturning the Dy. CIT (Appeals) ruling.In conclusion, the appeals were allowed, and the trusts were held liable to be taxed at the maximum marginal rate under section 161(1A) of the Income-tax Act, 1961.