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Case lawSupreme Court › Provat Kumar Mitter v CIT
Supreme CourtHelps departments.16(1)(c) of the Indian Income-tax Act, 1922s.16(3) of the Indian Income-tax Act, 1922s.60s.61s.4

Provat Kumar Mitter v CIT

I assigned the dividends on my shares to my wife for her life but kept the shares. Is that dividend still my income?

I assigned the dividends on my shares to my wife for her life but kept the shares. Is that dividend still my income?

Yes. The Supreme Court held that the deed of 19 January 1953 was not a transfer of any existing property. The assessee kept the shares and so kept the right to participate in the company's profits; what he made was a contract to make over to his wife, during her life, every dividend that might in future be declared on those shares. The company could pay only the registered shareholder or on his orders, so the income continued to accrue to him and was afterwards paid over under the contract. That is an application of income after it accrues, not a diversion before it accrues.

Decided by the Supreme Court (Supreme Court of India - S.K. Das, M. Hidayatullah and J.C. Shah, JJ (judgment delivered by S.K. Das, J)) on 1960-12-08, reported as 1961 AIR 1019; 1961 SCR (3) 37; (1961) 41 ITR 624. It bears on section 16(1)(c) of the Indian Income-tax Act, 1922, section 16(3) of the Indian Income-tax Act, 1922, section 60, section 61, section 4 of the Income Tax Act 1961, in Assessment & Scrutiny matters.

Still good law. The standard authority on assignment of income without assignment of the source; the harvested page records it as referred to and distinguished in later Supreme Court decisions of 1961 and 1967. No later decision doubting it was read as part of this exercise. The provisions of the 1961 Act on transfer of income without transfer of the asset, and on clubbing, are in different words and were not before the Court.

Why it matters

This is the clearest short statement of the difference between assigning the source and applying the income. Assign the source, so that it is no longer yours, and you are not taxed on income arising afterwards, subject to the statutory provisions that deem such income to be yours. Merely apply the income, so that it passes through you to its destination, and it remains yours even though you are legally bound to apply it that way. The Court also disposes of the argument built on Bacha F. Guzdar - that a shareholder's right to participate in profits exists independently of any declaration - by pointing out that the right was never parted with, and it distinguishes Bejoy Singh Dudhuria as a case of allocation out of revenue before it became the assessee's income.

Binding on every court and authority in India.

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