COMMISSIONER OF INCOME TAX vs. K S LOKHAND WALA FAMILY TRUST

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ITR/113/1987HC GujaratGJHC24011846198703 September 2001Bench: HONOURABLE MR. JUSTICE MOHIT S. SHAH,HONOURABLE MR. JUSTICE D.A.MEHTA2 pages

AI SummaryRemanded

What did the High Court hold?

The High Court declined to answer the question referred by the Income Tax Appellate Tribunal. This decision was made in light of a previous reference (Income Tax Reference No. 202 of 1986) concerning the Managing Trustee, where the Court had also declined to answer the question due to unclear facts. Therefore, the Court found it appropriate to decline answering the current reference as well. No specific finding was made on the substantive versus protective basis of assessment. The reference was disposed of without any order as to costs.

What were the facts?

The assessee is a trust. The assessment for the relevant assessment year(s) was initially framed on a protective basis, with the income intended to be assessed substantively in the hands of Shri Faridahmed Abdulsamad, the Managing Trustee. The Commissioner of Income Tax (Appeals) and the Income Tax Appellate Tribunal (ITAT) held that the assessment should be on a substantive basis in the hands of the assessee-trust, not the Managing Trustee. The High Court was asked to provide its opinion on this matter through a reference.

What were the issues?

1. Whether the Appellate Tribunal is right in law in confirming the view taken by the Appellate Assistant Commissioner that the assessment framed on the assessee should be on a substantive basis instead of a protective basis? The assessee is a trust. The revenue's contention, as reflected in the question referred, is that the assessment should be substantive. The judgment does not explicitly record the arguments of the assessee or the revenue. However, the question implies a dispute regarding the basis of assessment (substantive vs. protective) for the trust.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

INCOME TAX REFERENCE No 113 of 1987

For Approval and Signature:

Hon'ble MR.JUSTICE M.S.SHAH and Hon'ble MR.JUSTICE D.A.MEHTA

============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements?

To be referred to the Reporter or not? : NO

Whether Their Lordships wish to see the fair copy : NO of the judgement?

Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder?

Whether it is to be circulated to the Civil Judge? : NO @ COMMISSIONER OF INCOME TAX Versus K S LOKHAND WALA FAMILY TRUST -------------------------------------------------------------- Appearance: 1. INCOME TAX REFERENCE No. 113 of 1987 MR MANISH R BHATT for Petitioner No. 1 SERVED BY RPAD - (N) for Respondent No. 1

--------------------------------------------------------------

CORAM : MR.JUSTICE M.S.SHAH and MR.JUSTICE D.A.MEHTA

Date of decision: 20/09/2001

ORAL JUDGEMENT (Per : MR.JUSTICE D.A.MEHTA)

The Income Tax Appellate Tribunal, Ahmedabad Bench `B' has referred the following question for our opinion:-

"Whether the Appellate Tribunal is right in law in confirming the view taken by the Appellate Assistant Commissioner that the assessment framed on the assessee should be on substantive basis instead of protective basis ?"

The assessee is a trust. The assessment of the assessee-trust was computed on protective basis and it was held that the income was to be assessed substantively in the hands of one Shri Faridahmed Abdulsamad, the Managing Trustee of the trust. The C.I.T. (Appeals) and the Tribunal held that the assessee-trust had to be assessed on substantive basis, and not the Managing Trustee.

In the case of the Managing Trustee in Income Tax Reference No.202 of 1986 on 13th August, 2001, we have declined to answer the question raised in that reference in view of the facts not being clear in the said reference. In light of this position, we decline to answer the question referred in the present reference.

The Reference is disposed of accordingly with no order as to costs.

(M.S. Shah,J)

(D.A. Mehta,J)

zgs/-

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