1985 (9) TMI 100 - AT - Income Tax

Summary

Issues:
Disallowance of claimed marriage expenses of daughters of the deceased under s. 33(1)(k) and s. 22 of the Hindu Adoption and Maintenance Act.

Analysis:

1. The appeal challenged the disallowance of Rs. 40,000 claimed by the Accountable Person for marriage expenses of daughters of the deceased. The Appellate Controller distinguished a previous decision and held that s. 33(1)(k) was not applicable as the deceased had not earmarked any amount for the daughters' marriage. The Appellant Controller also rejected the application of s. 22 of the Hindu Adoption and Maintenance Act, citing a previous case law.

2. The Accountable Person argued that under s. 20 and s. 3(B) of the Hindu Adoption & Maintenance Act, a Hindu was obligated to provide for his daughter's marriage expenses. The argument was supported by s. 21(5) read with s. 22, claiming an overriding claim on the property, preventing its disposal by the deceased. The Tribunal's previous decision was also cited in support.

3. The departmental representative contended that there was no provision under s. 33(1)(k) or s. 44 of the ED Act for such expenses. He argued that the deceased had the freedom to dispose of his property and that there was no charge or claim preventing it. The distinction between responsibility and liability was emphasized, rejecting the notion of a floating charge on the property.

4. The Tribunal acknowledged the deceased's responsibility for the daughters' marriage expenses under the Hindu Adoption and Maintenance Act. The debate centered on whether this responsibility constituted a charge on the property, hindering its disposal. While the departmental representative's arguments were noted, the Tribunal referenced the Hyderabad Bench's decision, allowing the claim for marriage expenses deduction. Despite a conflicting High Court decision, the Tribunal favored the Accountable Person's view and allowed the deduction of Rs. 40,000 for marriage expenses.

5. Consequently, the appeal was allowed in favor of the Accountable Person, permitting the deduction of the claimed marriage expenses.