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Issues Involved:
1. Whether the shares of the beneficiaries are specific and determinate. 2. Whether the assessee is entitled to exemption under section 5(1)(xxiii) of the Wealth-tax Act, 1957. Issue-Wise Detailed Analysis: 1. Specific and Determinate Shares of Beneficiaries: The primary issue was whether the shares of the beneficiaries of the assessee-trust were specific and determinate, which would affect its classification as a discretionary trust. The assessee contended that the shares were specific and determinate, as outlined in clause 3 of the trust indenture dated 25-3-1970. The Wealth Tax Officer (WTO) and the Appellate Assistant Commissioner (AAC) had previously determined that the trust was discretionary, applying section 21(4) of the Wealth-tax Act, 1957, which led to a higher tax rate of 3%. The Tribunal, upon reviewing clause 3 of the indenture, found that the shares of the income/corpus beneficiaries were indeed specific and determinate. The Tribunal noted that the Income Tax Officer (ITO) had treated the trust as non-discretionary under the Income-tax Act, 1961, recognizing the specific and determinate nature of the beneficiaries' shares. The Tribunal emphasized the inconsistency in the revenue's stance under two separate taxing statutes with similar provisions. Consequently, the Tribunal concluded that the assessee-trust was not discretionary and that the provisions of section 21(1) and (1A), rather than section 21(4), were applicable. 2. Entitlement to Exemption under Section 5(1)(xxiii): The second issue was whether the assessee was entitled to exemption under section 5(1)(xxiii) concerning the shares held by the trust. The WTO had denied this exemption, citing the applicability of section 21(4) and its Explanation 2, which excludes certain assets from exemption. The Tribunal analyzed the relevant provisions of section 21, particularly sub-sections (1), (1A), and (4), along with Explanation 2. It observed that the withdrawal of exemption under section 5(1)(xxiii) specifically applied to assessments framed under section 21(4), not section 21(1A). The Tribunal noted that if the legislature intended to withdraw the exemption under section 21(1A), it would have explicitly included provisions similar to Explanation 2 after sub-section (1A) or mentioned sub-section (1A) in the Explanation. Therefore, the Tribunal concluded that the assessee was entitled to claim the exemption under section 5(1)(xxiii) for the shares held by it when assessments were framed under section 21(1A). Conclusion: The Tribunal set aside the orders of the wealth-tax authorities and directed the WTO to frame assessments afresh, considering the Tribunal's findings that the assessee-trust was not discretionary and that the shares of the beneficiaries were specific and determinate. Consequently, the assessee was entitled to the exemption under section 5(1)(xxiii) in respect of the shares held by it. The appeals were partly allowed.
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