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Interpretation of section 164(1) of the Income-tax Act, 1961 regarding the tax treatment of trust income when beneficiaries are not known and determinate. Analysis: The case involved a trust created for the benefit of a minor, with a provision that 95% of the trust income would be accumulated for the prospective wife of the minor. The Income-tax Officer applied section 164 of the Income-tax Act, 1961, assessing the income at the maximum marginal rate due to the prospective wife not being a known and determinate beneficiary. On appeal, the Appellate Assistant Commissioner held that the beneficiary being the prospective wife, even though not in existence at the time of trust creation, was determinate. The Tribunal also upheld this view. The court analyzed the provisions of section 164 in light of Explanation 1 added by the Finance (No. 2) Act, 1980. The Explanation clarifies that income not specifically receivable for the benefit of any one person unless expressly stated in the trust deed and identifiable. It also deems individual shares of beneficiaries as indeterminate unless expressly stated and ascertainable. The court noted that the trust deed specified the beneficiary as the prospective wife, who was not identifiable at the time of trust creation, and there was uncertainty regarding the marriage taking place. The court held that the trust was not for the benefit of known and determinate individuals as required by section 164(1) and the Explanation. Therefore, the Tribunal's decision that section 164(1) was not attracted was deemed incorrect. The court answered the referred question of law in the negative and in favor of the Revenue, upholding the Income-tax Officer's assessment at the maximum marginal rate. The judgment was delivered unanimously by both judges, with no order as to costs.
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