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Issues Involved:
1. Whether the settlor had created two separate trusts in favor of the two beneficiaries. 2. Whether a single assessment can be made on the trustees. 3. Whether capital gains tax is exigible on the profit arising from the sale of jewelry. Issue-wise Detailed Analysis: 1. Separate Trusts for Beneficiaries: The court examined whether the trust deed created two separate trusts for the beneficiaries, Prince Mukkaram Jah and Prince Muffakkam Jah. The trust deed, despite being a single document, contained distinct provisions for each beneficiary. The Appellate Tribunal concluded that there were indeed two separate trusts, each favoring one grandson. The High Court affirmed this conclusion, stating, "Thus, it is clear that the two trusts are created by the late Nizam, each in favor of each grandson named specifically though they are incorporated in one and the same document." Consequently, the court held that separate assessments should be made for each trust, answering the first two questions in the affirmative. 2. Single Assessment on Trustees: Given the determination that there were two separate trusts, the court addressed whether a single assessment could be made on the trustees. The Appellate Tribunal had ruled that separate assessments were necessary, and the High Court agreed, stating, "If that be so, there should be two assessments but not a single assessment and the Appellate Tribunal was, therefore, justified in giving such a finding." Therefore, the court affirmed that a single assessment could not be made on the trustees. 3. Capital Gains Tax on Jewelry Sale: The court then examined whether the profit from the sale of jewelry was subject to capital gains tax. The jewelry was sold in 1971, and the assessment year was 1972-73. The trustees argued that the jewelry was personal effects and thus not a capital asset under Section 2(14)(ii) of the I.T. Act, 1961. However, the court noted that the jewelry was not for daily use but for special occasions, and thus did not qualify as personal effects. The court cited the Supreme Court's decision in Maharaja Rana Hemant Singhji v. CIT, emphasizing that personal effects must be "intimately and commonly used by the assessee." The court concluded, "The jewellery in question, which is intended to be used by the beneficiaries on wedding day and other ceremonial occasions... does not come under personal effects within the definition of s. 2(14)(ii) of the Act." Assessment Under Section 164: The court further addressed whether the assessment should be made under Section 161 or Section 164 of the I.T. Act. Since the beneficiaries were only entitled to the interest from the sale proceeds and not the corpus itself, the court determined that the trustees did not receive the corpus on behalf of the beneficiaries. Thus, the assessment should be made under Section 164, which applies when the income is not specifically receivable on behalf of or for the benefit of the beneficiaries. The court stated, "As per the terms of the trust deed, the immediate beneficiaries are not entitled to the sale proceeds... they are entitled only to the interest out of it during their lifetime." Conclusion: The court answered the first two questions in the affirmative, confirming that there were two separate trusts and that separate assessments should be made. The third question was answered in the negative, holding that the capital gains from the jewelry sale were taxable and that the assessment should be made under Section 164 of the I.T. Act. The court concluded, "Our answers to questions Nos. 1 and 2 are in the affirmative, i.e., in favor of the assessees and against the Revenue. Our answers to question No. 3... are in the negative, i.e., in favor of the Revenue and against the assessees." The request for a certificate to appeal to the Supreme Court was denied.
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