2007 (8) TMI 338 - HC - Income Tax

Assessment clubbing of income trust held that earlier CIT(A) and ITAT had given a finding that the trust is a genuine one and that the Assessing Officer was wrong in clubbing the income of the said Sri Balaji Trust with the assessee s income revenue did not file any appeal against such orders - counsel for the Revenue is unable to furnish any details regarding the earlier order of the Tribunal and is also unable to furnish a copy of the same. Therefore the earlier order of the Tribunal has become final. Further counsel for the Revenue is also unable to give any compelling reason or point out any material change in the present assessment years. Hence we are of the view that the Tribunal correctly followed its earlier order and held that the Assessing Officer cannot club the income of Sri Balaji Trust in the hands of the assessee

Summary

Issues:
- Whether the income of the trust should be clubbed with the income of the assessee for specific assessment years?

Analysis:

1. Facts and Background: The appeals were filed by the Revenue against the order of the Income-tax Appellate Tribunal, concerning the clubbing of income from a trust with the income of the assessee for the assessment years 2000-01 and 2001-02. The key question raised was about the consistency and logic of treating the income of the trust separately for these years.

2. Arguments and Assessments: The Revenue contended that the trust's income should be included in the assessee's total income since the members of the association of persons assessee and the trustees of the trust were the same individuals. Additionally, the Revenue argued that the trust was not genuine and that the Assessing Officer correctly clubbed the trust's income with that of the assessee.

3. Commissioner and Tribunal Decisions: The Commissioner of Income-tax (Appeals) had allowed the appeals of the assessee, directing the deletion of the trust's income from the assessee's total income for the relevant assessment years. The Tribunal also dismissed the Revenue's appeals, citing a previous order confirming the genuineness of the trust and stating that there was no justification for adding the trust's income to the assessee's income.

4. Court's Ruling: The High Court upheld the Tribunal's decision, emphasizing that in earlier assessment years, both the Commissioner of Income-tax (Appeals) and the Tribunal had found the trust to be genuine. The court noted that the facts of the present case were similar to those of the earlier assessments, where the clubbing of trust income was deemed incorrect. The Revenue failed to provide any new evidence or compelling reasons to challenge the previous orders. Consequently, the court found no error or illegality in the Tribunal's decision and dismissed the tax cases, stating that no substantial question of law arose for consideration.

5. Conclusion: The High Court's judgment affirmed the Tribunal's decision, emphasizing the consistency in treating the trust's income separately from the assessee's income for the relevant assessment years. The court found no grounds to interfere with the Tribunal's ruling, ultimately dismissing the tax cases with no costs awarded.