Law:

Section:

Section 222 of the Income-tax Act, 1961 - Collection and recovery of tax - Certificate proceedings - A trust was formed for benefit of three minors, namely, 'S', 'V' and 'G', all three were sons of late 'H' - Trust claimed to have purchased two flats and shares of a company from funds received by it - It distributed its income, funds and properties to its beneficiaries from time-to-time and beneficiaries used said money to purchase shares of a company - For assessment year 1992-93, a tax demand was raised against late 'H' which was sought to be recovered from 'S', 'V' and 'G' as legal heirs of deceased - Petitioners ('S' and 'V') filed writ petitions challenging action of revenue - Whether since impugned order was suffered by three persons, namely 'S', 'V' and 'G', each having 1/3rd undivided interest as beneficiary and only two persons, namely, 'S' and 'V', having 2/3rd share, were challenging said order, order to extent of undivided 1/3rd interest of one of co-beneficiaries, 'G' had become final and conclusive and, therefore, writ petition could not be entertained - Held, yes - Whether even otherwise case involved disputed questions of fact warranting appreciation of evidence and, therefore, Court was not expected to enter into that territory, particularly when an alternative remedy was available to petitioners - Held, yes FACTS A trust was formed for the benefit of three minors, namely, 'S', 'V' and 'G', all three were sons of Late 'H'. The said trust was settled by two settlers with an initial corpus of Rs. 20,000. Thereafter, the said trust received Rs. 10 lakhs as a donation from a person from Dubai. The trust claimed to have purchased two flats and shares of a company from the funds received by it. It distributed its income, funds and properties to its beneficiaries from time-to-time and the beneficiaries used the said money to purchase shares of a company, which were disclosed by them in their income-tax and wealth-tax returns. For the assessment year 1992-93, a tax demand was raised against late 'H' and the Income-tax department started pursuing recovery of tax arrears of late 'H' from the petitioners (S and V) and their brother 'G' and mother in their…

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