9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (5) TMI 113 - HC - Income TaxMinor's income taxability u/s 56(1) - both the parents are not alive - as per tribunal income of the minor will be completely exempt from tax if both the parents are not alive ? - HELD THAT - As decided in R.P. SARATHY, THE COMMISSIONER OF INCOME TAX VERSUS THE JOINT COMMISSIONER OF INCOME TAX, MINOR M. PRANUTHI 2019 (4) TMI 420 - MADRAS HIGH COURT Tribunal has wholly erred in holding that since there is no provision to assess the minor's income in the hands of the minor and, if the parents do not survive, the income cannot be clubbed in the hands of any of his grandparents or anybody, who maintains minor child, and, therefore, the orders of two authorities bringing the income of minor to tax in the hands of the Minor deserve to be quashed Income in the present case was taxable in the hands of representative-assessee-Guardian and grandfather for the period for which the said minor child remained a Minor, we do not find any justification for holding otherwise - Decided against revenue.
Issues:
1. Whether the minor's income can be taxed if both parents are deceased? 2. Whether the income of the minor is exempt from tax if both parents are deceased? 3. Whether the absence of a provision in Section 64 to tax the income of a minor whose parents are deceased renders Section 64(1A) redundant? 4. Whether the parental grandfather, who filed the income tax return, can be considered a representative assessee under Section 160(1)(iii) of the Income Tax Act? Issue 1: The High Court addressed whether the minor's income can be taxed if both parents are deceased. The Court highlighted that the clubbing provisions in Section 64(1A) are intended to prevent tax evasion by parents diverting income to minors. The Court emphasized that if parents are not available, the guardian becomes the legal representative liable for the minor's tax obligations. The Court clarified that the clubbing provisions are machinery provisions to ensure tax obligations are fulfilled. The Court concluded that the Tribunal erred in leaving the minor's income untaxed and quashed the orders bringing the minor's income to tax in the hands of the minor. The Court emphasized the importance of assessing the minor's income correctly under the Act. Issue 2: Regarding whether the income of the minor is exempt from tax if both parents are deceased, the Court analyzed the provisions of Chapter XV of the Act. The Court noted that the income from sources like share of partnership firms and interest from money lending business is taxable under the Act. The Court criticized the authorities for holding the income to be taxable in the hands of the minor girl herself and failing to consider the provisions of Sections 159 and 160(1)(ii) comprehensively. The Court highlighted that the income, which was taxable under the Act, was erroneously considered non-taxable by the Tribunal. Issue 3: The Court examined whether the absence of a specific provision in Section 64 to tax the income of a minor whose parents are deceased renders Section 64(1A) redundant. The Court clarified that the clubbing provisions in Section 64(1A) are not charging provisions but machinery provisions to prevent tax evasion. The Court emphasized that the Tribunal erred in holding that the minor's income cannot be taxed in the absence of parents, as the guardian becomes the legal representative responsible for the minor's tax obligations. Issue 4: Regarding whether the parental grandfather can be considered a representative assessee under Section 160(1)(iii) of the Income Tax Act, the Court referred to a previous decision involving Mr. R.P. Sarathy as the guardian. The Court explained that the guardian, in this case, Mr. R.P. Sarathy, was liable to discharge all tax obligations on behalf of the minor. The Court upheld the assessment/reassessment made against Mr. R.P. Sarathy as the legal representative of the minor. The Court dismissed the appeals filed by the assessee and allowed the appeals filed by the revenue, emphasizing that the answers provided were applicable for the period when the minor was a minor.
|
