1999 (2) TMI 9 - SC - Income Tax

Whether the Tribunal was justified in holding that a valid trust came into existence in pursuance of the document dt. 17th Aug. 1971- High Court was entirely right in concluding that the validity of the trust had to be determined in the light of what was stated in the trust deed - terms of s. 7 of the Trusts Act are violated - trust was not created with the permission of a principal civil Court of original jurisdiction by or on behalf of a minor . The trust is therefore not valid.

Summary

Issues:
Validity of trust deed and assessment under Income Tax Act for the years 1973-74 and 1974-75.

Analysis:
The case involved an appeal against the judgment of the High Court of Kerala regarding the validity of a trust deed executed in 1971. The main question was whether a valid trust had come into existence and if the assessment for the years 1973-74 and 1974-75 should be made in accordance with the provisions of section 161 of the Income Tax Act, 1961. The trust deed involved transfers and assignments to trustees on behalf of minors, and the validity of the trust was questioned by the Income Tax Officer (ITO) due to minors being involved in the creation of the trust.

The ITO initially rejected the claim that the assessee should be assessed as a representative assessee under section 161(1) of the IT Act, stating that the trust created by the deed was invalid. However, the Appellate Authority Commissioner (AAC) allowed the assessee's appeal, which was later confirmed by the Tribunal. The High Court, on reference, concluded that the trust was invalid as it was created by minors without obtaining prior sanction from a civil court, as required by section 7 of the Trusts Act.

The appellant contended that the Tribunal's finding of the trust's validity should be upheld as it was based on evidence, and the High Court should not have ignored this. However, the Supreme Court held that the High Court was correct in determining the trust's validity based on the trust deed itself, which clearly showed that the donations were made by or on behalf of minors, rendering the trust invalid under section 7 of the Trusts Act.

The Supreme Court dismissed the appeals, upholding the High Court's decision on the trust's validity. The Court emphasized that the trust deed explicitly stated that the donations were made for and on behalf of minors, violating the provisions of the Trusts Act. The Court also rejected the appellant's reliance on judgments from other High Courts, stating that the trust deed's contents were clear and conclusive regarding the donations made on behalf of minors. The appellant was ordered to pay the costs of the appeals to the Revenue.