Mitter, J. - (1.) This is an appeal from a judgment and answer of the High Court of Judicature, Patna, on a certificate granted by it under S.66-A (2) of the Income-tax Act of 1922 corresponding to S. 261 of the Income-tax Act of 1961. The Tribunal referred two questions of law to the High Court under S. 66 (1) :"1. Whether on the facts and circumstances of the case, could assessment be made upon the Manager of Court of Wards, Bettiah Estate, in respect of the income from the Bettiah Estate 2. If the assessment could be made on the Manager of the Court of Wards in respect of the income from the Bettiah Estate, was it chargeable to tax at maximum rates under S. 41 (1) of the Income-tax Act -
(2.) The facts of the case are as follows:- Maharani Janki Kuer who was the last holder of the Bettiah Estate in Bihar died on November 27, 1954. For many years past before her death, the estate was under the management of the Court of Wards and continued under such management even after her death as it was not known whether she had left any heirs. Under S. 13 of the Bengal Court of Wards Act (IX of 1879) . "Whenever, on the death of any ward, the succession to his property or any part thereof is in dispute, the Court may either direct that such property or part thereof be made over to any person claiming such property, or may retain charge of the same until the right to possession of the claimant has been determined under Bengal Act VII of 1876, or until the dispute has been determined by a competent Civil Court." "Court" here means the Court of Wards. One Suresh Nandan Sinha filed a suit claiming the estate on the allegation that he was the nearest heir of the deceased Maharani. After the death of the Maharani, the Income-tax Officer made an assessment on the Manager of the Court of Wards as representing the estate of Bettiah, the assessment relating to the assessment year 193457 the accounting year being the financial year 1955-56. The Government of Bihar claimed that the estate had vested in the State Government by escheat and the Manager, Court of Wards put forward that claim before the Income-tax authorities. There was a further contention raised by the Manager that even if the assessment was made on him representing the estate, the income should not be taxed, at a maximum rate under S. 41 (1) of the Income-tax Act, 1922. As the litigation was pending, the Income-tax Officer and the Appellate Assistant Commissioner both held that it could not be said of the estate that the same had vested in the State by escheat and they also held that the income was taxable at the maximum rate. The same plea was raised before the Appellate Tribunal and the Tribunal observed that as no notification had been issued by the Government on the death of the Maharani or later to the effect that the estate had vested in the State of Bihar by escheat, there was no certainty as to who would be found to be the ultimate heir in view of the pending litigation.
(3.) The High Court on the case stated, referred to Arts. 289 and 296 of the Constitution and taking note of the contention urged on behalf of the parties observed: "In the circumstances of the present case, it is manifest that the Income-tax authorities cannot validly impose a tax upon the Manager, Court of Wards, Bettiah Estate, merely because a title suit has been filed with regard to the heirship of the Bettiah Estate without deciding the question as to whether the claim of the State of Bihar that the property has vested in it by escheat is established or not" On this view, the first question was answered in favour of the assessee and no answer was given to the second question because it was academic.;