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Issues:
1. Status of the appellant with reference to the waqf. 2. Taxability of the allowance derived from agricultural properties. Analysis: The judgment pertains to a reference under Section 66(1) of the Income-tax Act by the Income-tax Appellate Tribunal, Allahabad, concerning the Imambara waqf in Gorakhpur. The history of the waqf dates back to Syed Roshan Ali Shah, with subsequent transfers leading to the property coming into the hands of the assessee, Jawad Ali Shah. Disputes arose regarding the income derived by the assessee as remuneration for his role as mutawalli. The assessment years in question were 1939-40 to 1944-45, where the Income-tax Officer and the Appellate Assistant Commissioner deemed the ten percent income appropriation by the assessee as taxable. The main issues raised before the Tribunal were the appellant's status in relation to the waqf and the taxability of the agricultural income allowance. The Tribunal concluded that the assessee was not a beneficiary and that the ten percent income received as remuneration was not exempt from income tax, as it was not considered agricultural income. The Tribunal's initial question for reference was whether the one-tenth income derived from agriculture and used by the appellant for personal use remained exempt from assessment. A supplementary question was framed to determine if the allowance received by the applicant from the waqf was as a mutawalli or a beneficiary. The Tribunal's decision was based on the interpretation of whether the income was received and retained by the assessee for his own benefit or on behalf of someone else. The judgment extensively discusses the legal principles surrounding the taxation of agricultural income in the hands of an individual entitled to receive it. It references previous decisions by the Judicial Committee and a Full Bench decision of the Court, emphasizing that income exempt from taxation must fall within the definition of agricultural income and be received by the assessee for his own benefit. The judgment delves into the distinction between receiving income as an agent or servant versus receiving it as a beneficiary entitled to retain it. The Court also cited relevant case law, including the principle that income not falling within the definition of agricultural income does not become exempt merely based on its source. Ultimately, the Court held that the income received by the mutawalli, though derived from agricultural land, was not exempt from taxation as agricultural income. The reasoning was that the mutawalli received the income on behalf of the principal, and the ten percent pay was considered remuneration for services rendered, not as a beneficiary. The Court dismissed the appellant's arguments regarding his character and the nature of the remuneration, stating that the facts as found by the Tribunal were conclusive. The judgment clarified that the pay fixed under the Muslim Waqfs Act was not exempt from assessment and must be considered taxable income. The Court answered both reference questions against the assessee and ordered him to pay the costs of the reference. In conclusion, the judgment provides a detailed analysis of the taxability of income derived from waqf properties and the distinction between receiving income as a beneficiary versus as a mutawalli. It clarifies the principles governing the taxation of agricultural income and emphasizes the importance of the legal status and entitlement of the individual receiving the income in question.
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