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TMI Blog1961 (1) TMI 14X X X X Extracts X X X X X X X X Extracts X X X X ..... was in the hands of the receiver ? " With special leave under article 136 of the Constitution, this appeal is preferred against the order of the High Court. The appellant is the Mahant of the Asthal Estate, Salauna, in the District of Bhagalpur in Bihar. In a suit concerning that estate, a court receiver was appointed by the First Class Subordinate Judge, Monghyr, to manage the estate. The receiver functioned till sometime in December, 1949, and under the order of the Subordinate Judge he handed over charge of the estate to the appellant on January 8, 1950. On January 15, 1950, the appellant submitted a return of income of the estate to the Agricultural Income-tax Officer, Monghyr, for the Fasli year 1355 corresponding to September 16, 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ied upon section 13 of the Act which provides : " Where any person holds land, from which agricultural income is derived, as a common manager appointed under any law for the time being in force, or under any agreement or as receiver, administrator or the like on behalf of persons jointly interested in such land or in the agricultural income derived therefrom, the aggregate of the sums payable as agricultural income-tax by each person on the agricultural income derived from such land and received by him shall be assessed on such common manager, receiver, administrator or the like, and he shall be deemed to be the assessee in respect of the agricultural income-tax so payable by each such person and shall be liable to pay the same. " The a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is in the possession of the receiver, common manager or administrator, the taxing authorities may, but are not bound, to treat such persons as assessees and recover tax. The taxing authorities may always proceed against the owner of the income and assess the tax against him. The definition in the connotation of " person " undoubtedly included a receiver, trustee, common manager, administrator or executor, and by such inclusion, it is open to the taxing authorities to assess tax against any such persons; but, on that account, the income in the hands of the owner is not exempt from liability to assessment of tax. Counsel for the appellant urged that the income received by the appellant from the receiver did not retain its character of agri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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