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Issues involved:
Validity of trust status for assessment year 1978-79, maintainability of appeal under section 246(1)(c) of the Income-tax Act, 1961 against protective assessment order. Validity of Trust Status: The Assessing Officer passed a protective assessment order for the assessment year 1978-79, questioning the validity of the trust status of the assessee due to the rule of perpetuity violation. The income claimed by the trust was distributed among beneficiaries. Maintainability of Appeal: The trust appealed to the Commissioner of Income-tax (Appeals) against the assessment order. The Commissioner held that the appeal was not maintainable under section 246(1)(c) as no tax liability was imposed on the trust. The Income-tax Appellate Tribunal also upheld this decision, stating that the appeal was not maintainable. Legal Interpretation: The court found that the protective assessment order, which did not recognize the trust as valid, was appealable under section 246(1)(c) of the Act. The court emphasized that the order determining the status of the assessee, even if described as protective, could impose tax on beneficiaries or the trust creator, making it appealable. Precedent and Contradictory Decisions: The court highlighted a previous order by the Tribunal in favor of the trust's valid status for assessment years 1976-77 and 1977-78. The court noted that the Tribunal's decision for the current assessment year contradicted its earlier ruling, citing the importance of consistency in decisions unless there are material circumstances for change. Conclusion: The court ruled in favor of the assessee, stating that the protective assessment order questioning the trust's status was appealable under section 246(1)(c). The court emphasized the importance of consistent decisions and answered the reference in favor of the assessee. No costs were awarded in the disposition of the reference.
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