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The HC quashed and set aside the impugned order of the respondent BAR dated 27.06.2024, holding it unsustainable for treating trusts without named beneficiaries in the original Trust Deed as indeterminate under section 164 and taxing them at the Maximum Marginal Rate. The Court upheld the validity of CBDT Circular No. 13/2014 only to the extent consistent with established judicial interpretations, particularly those of the Karnataka and Madras HCs, which recognize that shares in a trust are determinable if beneficiaries' interests can be ascertained at or after trust formation. The writ petition was allowed under Article 226, notwithstanding the availability of statutory appeal under section 245W, due to the broader public interest and the circular's departure from settled legal principles. The Circular was directed to be read down accordingly to align with the Court's analysis.
The HC quashed and set aside the impugned order of the respondent BAR dated 27.06.2024, holding it unsustainable for treating trusts without named beneficiaries in the original Trust Deed as indeterminate under section 164 and taxing them at the Maximum Marginal Rate. The Court upheld the validity of CBDT Circular No. 13/2014 only to the extent consistent with established judicial interpretations, particularly those of the Karnataka and Madras HCs, which recognize that shares in a trust are determinable if beneficiaries' interests can be ascertained at or after trust formation. The writ petition was allowed under Article 226, notwithstanding the availability of statutory appeal under section 245W, due to the broader public interest and the circular's departure from settled legal principles. The Circular was directed to be read down accordingly to align with the Court's analysis.
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