2001 (3) TMI 2 - SC - Income Tax

Supreme Court: Stock Exchange Membership Rights Not Attachable under Income Tax Act

Stock Exchange, Ahmedabad Versus Assistant Commissioner of Income-Tax

The Supreme Court held that the membership right in the stock exchange was not the property of the deceased member and could not be attached under section ... Recovery of Tax - stock exchange - membership right in question was not the property of the assessee and, therefore, it could not be attached u/s 281B - No amount on account of Rajesh Shah was due from or held by the stock exchange - hence s. 226(3) not invokable - impugned order holding that in substance the right of membership or the membership card was a right of property which could be attached u/s 281B, is set aside - garnishee notice and order of provisional attachment are quashed Issues:1. Provisional attachment order under section 281B of the Income-tax Act, 1961.2. Rights of deceased member's legal representatives in the stock exchange card.3. Interpretation of stock exchange rules regarding membership rights and nominations.4. Application of rule 16 in the case of membership rights vested in the stock exchange.5. Validity of the judgment regarding attachment of membership rights under section 281B.Analysis:1. The case involved a provisional attachment order issued under section 281B of the Income-tax Act, 1961, in relation to the stock exchange card and assets of a deceased member. The stock exchange faced a challenge against this order in the High Court, which was dismissed ([1998] 231 ITR 906). The Supreme Court examined the legality of the provisional attachment and garnishee notice issued to the stock exchange.2. The key issue revolved around the rights of the deceased member's legal representatives in the stock exchange card. The Court analyzed whether the membership rights were a property belonging to the deceased member or a personal privilege granted by the exchange. The High Court held that there was a property element in the membership right, allowing for attachment. However, the Supreme Court delved into the stock exchange rules to determine the nature of membership rights.3. The interpretation of stock exchange rules governing membership rights and nominations was crucial in this case. The Court scrutinized various rules, including rule 9, 10, 11, 15, and 16, to establish that the right of membership is a personal privilege, non-transferable, and subject to specific conditions for nomination. The Court emphasized that the right of nomination vests in the stock exchange under the rules.4. Rule 16 was applied by the stock exchange concerning the membership rights vested in it. The Court highlighted the priority of payments outlined in the rule, emphasizing that the membership right did not constitute the property of the deceased member. The Court's analysis indicated that the stock exchange appropriately exercised its rights under the rules.5. The Supreme Court ultimately concluded that the membership right in question was not the property of the deceased member and, therefore, could not be attached under section 281B of the Income-tax Act. The Court overturned the judgment under appeal, setting aside the provisional attachment order and garnishee notice. The appeal was allowed, and the parties were directed to bear their own costs, bringing clarity to the legal status of membership rights in the stock exchange.