REVATHI Vs. COMMISSIONER OF INCOME-TAX

JUDGEMENT

(1.) ASSESSES is before us in this reference. According to the facts of the case, the assessee is an individual deriving income from 13 AOPs as a member. For the assessment year 1983 -84, the appellant derived Rs. 60,853/ - as share from 13 AOPs. She was having 1/3rd share in all these AOPs. The AOPs were beneficiaries of M/s. Chengamma Family Foundations, which is a private specific trust, 99% of the total income of the Associations of persons was shared equally among the members and the balance 1% remains discretionary. Each of the thirteen Association of persons received about Rs. 14,044/ - as share of beneficiary interest from Chengamma Family Foundations. The assessee claimed rebate Under Section 86(V) of the Income Tax Act. The ITO allowed rebate from AOP from which income has levied and paid. Aggrieved by the order, an appeal was filed before the Commissioner of Appeals. The Commissioner of Appeals accepted the order of ITO. Matter was taken before the Tribunal. The Tribunal confirmed the order of the Assessing Officer. It is in these circumstances, the Tribunal has chosen to refer the following question of law in terms of Section 256 of the I.T. Act.

(2.) SRI . Shankar, learned Counsel appears for the assessee. He would reiterate the facts and grounds raised in the petition. According to him, Section 167A would provide for charge of tax where shares of members unknown. He says that Section 167A would provide for a method of calculation. According to Sri. Shankar, learned Counsel his client is entitled for rebate on the entire share and not on the share of the assessee as has been held by the authority. He would strongly require us to interfere in the case on hand in the light of the language Under Section 86(v) r/w. Section 167A of the Act. He relies on : [1996]221ITR257(Bom) (Commissioner of Income -tax v. Smt. Lalitha M. Bhat).

(3.) AFTER hearing, we have carefully perused the material on record. Admittedly, all the three authorities have held against the assessee. Assessee has been provided the partial benefits Under Section 86(v) of the Act. The assessee wants Section 86(v) to be considered thereby he gets the entire benefits on the facts of this case. Section 167A would deal with association of persons -special Cases. Section 86(v) would read as under: