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TMI Blog2010 (1) TMI 722X X X X Extracts X X X X X X X X Extracts X X X X ..... and determinate as on the relevant valuation date? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessment made in the status of AOP was valid? 3. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessment made u/s 21 (4) of the Wealth tax Act is valid inspite of the fact that section 21(4) covers only the case of official trustees and not trustees appointed under a trust deed?" Briefly the facts of the case are that the petitioner voluntarily filed return of wealth tax declaring wealth ion 6.8.1983 and 29.9.1984. The assessing officer assessed the net wealth on protective basis vide order dated 11.3.19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... b) M/s. Anadi Investments Pvt. Ltd. The duration of the Trust was also defined in para 3 of Chapter II as under:- "Date of distribution or date of termination or date of closing of the trust shall be the date of death of the last survivor lineal descendants of Lala Bahadur Chand Munjal who are living as on the date of settlement or such other earlier date as the trustees may, in their discretion, decide." The distribution of the corpus was to take place as per clause 2 of Chapter IV of the Trust Deed. Clause 2(ii) of distribution of corpus provided as under:- "ii. On and from the day the Primary beneficiaries cease to be the beneficiaries of this Trust that is to say from the day the Trustees are und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orded in para 13 of the order as under:- "13. In the context of section 21 of the Wealth Tax Act, it has been held that the question in regard to the applicability of section 21(1) of that Act, which is on the lines of section 161 of 1961 Act, or section 21 (4) of the Wealth -tax Act which is on the lines of section 164(1) of the 1961 Act, has to be determined with reference to the relevant valuation date. We have, therefore, to see in the present case as to whether the shares of the beneficiaries upto the payment of Rs. 4 lakhs to the creditors i.e. to the primary beneficiaries were known and determinate or they were not known and determinate. From the relevant extracts of the trust deed reproduced above, it is clear that upto the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... levant valuation date. It was also contended by the applicant that the share of the beneficiaries were known and determinate as on the relevant valuation date because the position has been seen as if the trust had expired on the relevant valuation date and submitted that there arose important question of law which should be referred for the esteemed opinion of the Hon'ble Punjab and Haryana High Court. The WTO has made the assessment on the Trust in the status of AOP and has applied the provisions of Sec. 21 (4) of the Wealth Tax Act as according to him the shares of the beneficiaries were un-defined and indeterminate and the issue raised is whether the provisions of Sec.21(1) or 21 (4) are applicable to the facts of the case. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ounts are determined to be paid at certain interval, the interest of such beneficiaries in the Trust is known and in such case section 21(1) is attracted and not section 21(4) as in the present case. Further the learned counsel for the assessee Mr. Bhan also relied upon the Kerala High Court judgment in the case of CWT vs. Dr. David Joseph, Executor of Trust No. 1 (1995) 213 ITR 156 (Kerala) held that:- "The position has to be seen on the relevant valuation date as if the event which leads to the expiration of the Trust, took place on that date, and if, on that hypothesis, it is possible to determine who precisely would be the beneficiaries." On the other hand, the learned counsel for the revenue has stated that sinc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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