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Issues:
Interpretation of sec. 161(1A) in relation to taxation of income from business for a private trust. Applicability of maximum marginal rate of tax on the entire income of the trust. Exclusion of income from the sale of cows in the computation of trust's income. Analysis: Issue 1: Interpretation of sec. 161(1A) The case involved the interpretation of sec. 161(1A) concerning the taxation of income from business for a private trust. The provision mandated that income in respect of which a person is liable as a representative assessee, consisting of profits and gains of business, should be taxed at the maximum marginal rate. The purpose of this provision was to counteract tax avoidance through private trusts conducting business activities. The tribunal emphasized that the section's interpretation should align with the legislative intent to prevent tax avoidance. The tribunal concluded that the entire income of the trust should be taxed at the maximum marginal rate without the need for apportioning it among the beneficiaries, as per the non-obstante clause in the provision. Issue 2: Applicability of Maximum Marginal Rate The tribunal rejected the argument that the maximum marginal rate should be applied after determining the income of individual beneficiaries. It held that the trustees, as owners of the trust property and business, should be assessed like any other businessmen. The tribunal highlighted the existence of a proviso exempting application of sec. 161(1A) in cases where business income is exclusively for the benefit of a dependent relative. This exemption underscored the legislative intent behind the provision to prevent tax avoidance through private trusts engaging in business activities. Issue 3: Exclusion of Income from Sale of Cows The tribunal addressed the contention regarding the exclusion of income from the sale of cows in the computation of the trust's income. Relying on legal precedents, the tribunal concluded that the income from the sale of cows should not be excluded from the trust's income calculation. It distinguished the case cited by the appellant and emphasized that even capital gains on assets like calves born in the dairy could be levied if the asset had the inherent quality of being available for acquisition through expenditure. In conclusion, the tribunal dismissed the appeal, upholding the application of the maximum marginal rate on the entire income of the trust and rejecting the exclusion of income from the sale of cows in the trust's income computation.
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