1998 (3) TMI 162 - AT - Income Tax

ITAT ruling: Advocates' fiduciary funds not income. Interest on clients' money treated likewise.

The ITAT dismissed the Revenue's appeal regarding the addition of surplus in the client's account, affirming that funds held by advocates in a fiduciary ... - Issues:1. Addition of surplus in client's account in Revenue's appeal.2. Treatment of interest earned on clients' money as income in Assessee's appeal.Analysis:Issue 1: Addition of surplus in client's account in Revenue's appealThe Revenue's appeal challenged the deletion of an addition of Rs. 39,548 being surplus in the client's account by the CIT(A). The assessee, an advocate, maintained that the amounts of advance received from clients were not his income until the case was completed. The CIT(A) relied on previous judgments and deleted the addition. The ITAT, after considering the submissions, upheld the CIT(A)'s decision. It was established that money received from clients by an advocate is held in a fiduciary capacity and does not belong to the advocate. The Tribunal cited the decision of the Hon'ble Gujarat High Court and a previous Tribunal judgment to support this conclusion. Therefore, the ITAT dismissed the Revenue's appeal on this issue.Issue 2: Treatment of interest earned on clients' money as income in Assessee's appealIn the appeal filed by the assessee, the dispute centered around whether the interest of Rs. 1,02,178 earned on clients' money should be considered as the advocate's income. The AO treated the interest amount as the assessee's income, a decision upheld by the CIT(A) who distinguished the case from a judgment involving a solicitor. The advocate contended that the interest on clients' money held in a fiduciary capacity should not be considered as his income, citing various legal precedents. The ITAT analyzed the legal principles laid down by the Hon'ble Bombay High Court and the Supreme Court regarding the fiduciary nature of funds held by advocates. The Tribunal concluded that when the principal amount is held by the advocate in a fiduciary capacity, the interest earned on it should also be considered as funds held in a fiduciary capacity. Therefore, the ITAT allowed the ground raised by the assessee in this regard. Consequently, the Revenue's appeal was dismissed, and the assessee's appeal was allowed.This judgment clarifies the treatment of funds held by advocates in a fiduciary capacity, emphasizing that such funds, including interest earned on them, do not constitute the advocate's income. The decision is based on established legal principles and previous judgments, providing clarity on the taxation of amounts received from clients by advocates.