9911796707
TMI Blog2012 (7) TMI 152X X X X Extracts X X X X X X X X Extracts X X X X ..... to Section 164, the maximum marginal rate could not be applied to the income of the Trust - against revenue. - WP(C).No. 38174 of 2003 (T) - - - Dated:- 12-6-2012 - MR.JUSTICE B.P.RAY, J. For Appellant:- SRI.E.K.NANDAKUMAR, SRI.A.K.JAYASANKAR NAMBIAR, SRI.ANIL D. NAIR, SMT.PRIYA MAHESH, SMT.PRIYA MANJOORAN For Respondent SRI.JOSE JOSEPH, SC, FOR INCOME TAX B.P.RAY, J. JUDGMENT Petitioner trusts being represented by their trustees have filed this writ petition with the following prayers: "i) call for the records leading to Exts.P2 series and Exts.P4 series orders of the 2nd and 1st respondents and quash the same by the issuance of a writ of certiorari or such other writ, order or direction; ii) issue a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he benefit of persons employed in such business or profession. The learned counsel for the petitioners submits that as the trust in question was an exception to Section 164, the maximum marginal rate could not be applied to the income of the Trust. The learned counsel for the petitioners in respect of Ext.P8, order submits that while disposing of a batch of I.T.As by the Income Tax Appellate Tribunal, Cochin Bench filed by the petitioners, the Tribunal allowed all the appeals and held as follows: "11. Therefore, the only issue to be considered in the present case is whether the benefit is given to the employee alone or also to anybody else. The assessing officer as well as the CIT (Appeals) have decided against the assessee for the reason ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his family. Likewise, the benefits given to the employees are in fact extension of the emoluments of the employment. We cannot say that the employee alone need to be taken care of medically, and his wife and children should not be taken care. We cannot say that the employee alone should be fed and clothed and his dependent family members should not be taken care of in similar manner. Benefits to employees mean benefits to employees as well as their dependent family members. 13. Therefore, I hold that the assessee-Trust is entitled for the exemption available under proviso (iv) to sub-section (1) of Section 164. The lower authorities have therefore erred in levying tax at the maximum marginal rate. The assessee-trust is liable to be tax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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