TMI Blog1975 (11) TMI 71X X X X Extracts X X X X X X X X Extracts X X X X ..... partition was set apart under the declaration, dt. 25th Sept., 1967, for the marriage expenses of the four daughters and the amount was remitted to India through United Commercial Bank, Karaikudi. The amount was entrusted to Smt. Annapoorani Achi as trustee and guardian of her minor daughters. The WTO made the assessment in the status of individual by applying s. 21(4) of the WT Act on the ground that the shares of the beneficiaries were indeterminate and unknown. 3. On appeal, the AAC held that the beneficiaries were a fixed number of persons and the shares were determinate as the amount was held on behalf of the beneficiaries as tenants-in-common. He further held that since no expenditure was incurred on the marriage of the daughters ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alimata Ors. vs. CIT Bihar Ors. 14 ITR 703 4. CIT, West Bengal vs. Pulin Behari Dey 20 ITR 314 5. Boddu Venkatakrishana Rao Ors. vs. Srimathi Boddu Satyavathi Ors. 1968 (2) MLJ 61 (SC) 6. The short question for consideration is whether the shares of the beneficiaries are indeterminate or unknown to warrant application of s. 21(4) of the WT Act. 7. The declaration deed, dt. 25th Sept., 1967, provides that out of the sale proceeds of an estate belonging to the jonit family, there was a partial partition between the father and the son and in view of the obligation of the father to provide for the marriage expenses of the unmarried daughters, the sum that fell to the share of the father was set apart for the marriage expenses fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he declaration deed, dt. 25th Sept., 1967, the money belongs to them as tenants-in-common and they take the money set apart for them in equal shares. In order to determine whether the shares of the beneficiaries are defined or not, what the Revenue has to see is whether such shares are known and specific during the accounting period vide CIT vs. Puthiya Ponmanichintakam Wakf 44 ITR 172. In Padmavati Jaykrishna Trust vs. CWT 61 ITR 66 it was pointed out that on the relevant valuation date the beneficiaries were known and their shares were ascertainable under the trust deed and the probability that in future the shares themselves may be liable to alteration or fluctuation was immaterial. This dictum was approved by the Supreme Court in CWT vs ..... X X X X Extracts X X X X X X X X Extracts X X X X
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