1971 (8) TMI 8 - SC - Income Tax

Trust Whether Revocable - portion of income from the trust properties which are settled on a third person is to be assessed in the hands of that third person and not in the hands of the settlor if the latter does not retain any power to deflect that amount - income accruing to the other beneficiaries could not be included in the total income of the assessee - question which was referred shall stand answered in favour of the assessee

Summary

Issues:
Interpretation of section 16(1)(c) of the Income-tax Act, 1922 regarding inclusion of income from trust properties in the total income of the assessee.

Detailed Analysis:

The case involved an appeal from a judgment of the Calcutta High Court regarding the inclusion of income from trust properties in the total income of the assessee under section 16(1)(c) of the Income-tax Act, 1922. The assessee, an individual, had created a trust for two properties, of which he was also a beneficiary. The Income-tax Officer assessed the income from these properties in the hands of the assessee, deeming the trust revocable under section 16(1)(c). The Appellate Tribunal, however, found that the settlor had irrevocably parted with the properties and held that only the amount received by the assessee under the trust deed could be included in his income.

The High Court interpreted the provisions of section 16(1)(c), particularly the first proviso, stating that a settlement would be revocable if it contained a provision for retransfer of any part of the income to the settlor. The court held that the settlement in this case was revocable in its entirety, attracting the substantive clause of section 16(1)(c). The court emphasized that the word "income" includes any part of the income unless there is something repugnant in the context.

The Supreme Court referred to previous judgments, including Ramji Keshavji's case and Commissioner of Income-tax v. Rani Bhuvaneshwari Kuer, to analyze the application of the third proviso to section 16(1)(c). The court highlighted that the settlor's income would not be liable to tax if the trust was not revocable for a period exceeding six years or during the lifetime of the beneficiary, and the settlor derived no direct or indirect benefit from the income given to the beneficiary.

The court further discussed the changes made in the Income-tax Act, 1961, specifically mentioning revocable transfers involving "part of the income." In this case, since the trust fulfilled the conditions of the third proviso, only the income received by the settlor could be assessed as his income, not the income accruing to other beneficiaries. Consequently, the appeal was allowed, setting aside the High Court's judgment in favor of the assessee against the revenue, with each party bearing their own costs.