# COMMISSIONER INCOME-TAX, U. P v. KUNWAR TRIVIKRAM NARAIN SINGH

- **Citation:** [1965] 3 S.C.R. 700
- **Court:** Supreme Court of India
- **Decided:** 1965-04-09
- **Case number:** Civil Appeal No. 68 of 1964
- **Bench:** K. Subba Rao, J. c. SHAH, s. M. Snrn
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/commissioner-income-tax-u-p-v-kunwar-trivikram-narain-singh-3451
- **Pages:** 8

## Headnote

focome Tax Act, 1922 (11 of 1922), ss. 2(1)(a) and 4(3) (viii;-
.Agricultural Income-Nature of.
The respondent was the head oI a Hindu undivided family and
was the descendant of a J agirdar. Certain disputes between the
.Jagirdar and the Zamindars in the district had been settled in 1837
b:Y a compromise between the British Government and the then
Jagirdar, whereby, the Government granted the Jagirdar and his
heirs a pension in perpetuity to be calculated on the basi; of onefourth of the revenue of the Jagir. By this arrangement the collections from the Jagir became payable by the Zamindai's direct to the
Government and the Jagirdar and his successors no longer remained
the proprietors of the J agir and became entitled only to a pension.
The Income-tax Officer assessed the receipt of the pension by the
respondent as part of his regular income and rejected the latter's
contention that the amount received was agricultural income within
the meaning of s. 4(3)(:-"iii) of the Income-tax Act, 1922.
In appeal, the Assistant Commissioner accepted the respondent's
contention, but the Tribunal reversed this finding. The High Court.
on a reference. decided the issue in favour of the respondent, on
the grounds. in:er alia, that the right conferred under the compromise of 1837 was a right to a share of one-fourth in the net land
revenue collections and furthermore, the amount received by the
successors of the J agirdar varied from year to year. In the appeal
before the Su~ .·eme Court, it was also contended on behalf of the
respondent that the amount received was in the nature of a capital
receipt, being a payment to the J agirdar and his successors of compensation for relinquishing the title to the J agir lands.
HELD: (i) Under the compromise and arrangement of 1837, the
respondent had no interest in the land or in the land revenue payable
in respect thereof. [704 A]
.
State of U.P. v. Kunwar Sri Trivikram Narain Singh, [1962]
3 .S.C.R 213, followed.
As the source of the income in this case was the arrangement
of 1837, the income could not be held to l:e derived from land within:
the meaning of the definition of agricultural income in s. 2(1)(a) of
the Act. Even if the income varied from year to year, the source
of the income was still the arrangement and not land. [705 G]
Maharajkumar Gopal Saran Narain Singh, v. C.l.T. Bihar and
Orissa, 3 I.T.R. 237, C.I.T. Bihar and Orissa v. Raja Bahadur Kamkhya
Narayan Singh and Ors, 16 I.T.R. 325, Mrs. Bacha F. Guzdar v. C.I.T.
Bo~bau 27, I.TR 1, Maharajadhiraja Sir Kaineshwar Singh, v.
C.UJ.'. Bihar and Orissa, 41 I.T.R. 169, followed.
(ii) The amount received by the respondent was not a capital
receipt but revenue income and therefore taxable.
700
A
B
•
c
D
E
F
G
H
A
c.r.T. v. KUNW.AR TRIVIKRAM (Sikri, J.)
701
Where an owner of an estate exchanges a capital asset for a perpetual annuity, it is ordinarily taxable in his hands. The position
would be different if he exchanged his estate for a capital sum payable in instalments. Such instalments when received would not be
taxable as income. But in the present case there was no material
to show that the amount received was an instalment of this nature.
[706 H-707C]
B
Commissioner of Inland
Revenue v. Wesleyan and General
Assurance Society, 30 T.C. 11, and Perrin v. Dickson 14 T.C. 608, referred to.
c
D
.E
.F

## Text

COMMISSIONER INCOME-TAX, U. P.
v.
KUNWAR TRIVIKRAM NARAIN SINGH
April 9, 1965
[K. SUBBA RAO, J. c. SHAH AND s. M. Snrn, JJ.]
focome Tax Act, 1922 (11 of 1922), ss. 2(1)(a) and 4(3) (viii;-
.Agricultural Income-Nature of.
The respondent was the head oI a Hindu undivided family and
was the descendant of a J agirdar. Certain disputes between the
.Jagirdar and the Zamindars in the district had been settled in 1837
b:Y a compromise between the British Government and the then
Jagirdar, whereby, the Government granted the Jagirdar and his
heirs a pension in perpetuity to be calculated on the basi; of onefourth of the revenue of the Jagir. By this arrangement the collections from the Jagir became payable by the Zamindai's direct to the
Government and the Jagirdar and his successors no longer remained
the proprietors of the J agir and became entitled only to a pension.
The Income-tax Officer assessed the receipt of the pension by the
respondent as part of his regular income and rejected the latter's
contention that the amount received was agricultural income within
the meaning of s. 4(3)(:-"iii) of the Income-tax Act, 1922.
In appeal, the Assistant Commissioner accepted the respondent's
contention, but the Tribunal reversed this finding. The High Court.
on a reference. decided the issue in favour of the respondent, on
the grounds. in:er alia, that the right conferred under the compromise of 1837 was a right to a share of one-fourth in the net land
revenue collections and furthermore, the amount received by the
successors of the J agirdar varied from year to year. In the appeal
before the Su~ .·eme Court, it was also contended on behalf of the
respondent that the amount received was in the nature of a capital
receipt, being a payment to the J agirdar and his successors of compensation for relinquishing the title to the J agir lands.
HELD: (i) Under the compromise and arrangement of 1837, the
respondent had no interest in the land or in the land revenue payable
in respect thereof. [704 A]
.
State of U.P. v. Kunwar Sri Trivikram Narain Singh, [1962]
3 .S.C.R 213, followed.
As the source of the income in this case was the arrangement
of 1837, the income could not be held to l:e derived from land within:
the meaning of the definition of agricultural income in s. 2(1)(a) of
the Act. Even if the income varied from year to year, the source
of the income was still the arrangement and not land. [705 G]
Maharajkumar Gopal Saran Narain Singh, v. C.l.T. Bihar and
Orissa, 3 I.T.R. 237, C.I.T. Bihar and Orissa v. Raja Bahadur Kamkhya
Narayan Singh and Ors, 16 I.T.R. 325, Mrs. Bacha F. Guzdar v. C.I.T.
Bo~bau 27, I.TR 1, Maharajadhiraja Sir Kaineshwar Singh, v.
C.UJ.'. Bihar and Orissa, 41 I.T.R. 169, followed.
(ii) The amount received by the respondent was not a capital
receipt but revenue income and therefore taxable.
700
A
B
•
c
D
E
F
G
H
A
c.r.T. v. KUNW.AR TRIVIKRAM (Sikri, J.)
701
Where an owner of an estate exchanges a capital asset for a perpetual annuity, it is ordinarily taxable in his hands. The position
would be different if he exchanged his estate for a capital sum payable in instalments. Such instalments when received would not be
taxable as income. But in the present case there was no material
to show that the amount received was an instalment of this nature.
[706 H-707C]
B
Commissioner of Inland
Revenue v. Wesleyan and General
Assurance Society, 30 T.C. 11, and Perrin v. Dickson 14 T.C. 608, referred to.
c
D
.E
.F
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 68 of 1964.
Appeal from the judgment and decree dated July 27; 1959 of
the Allahabad High Court in Income-tax Reference No. 307 of
l 957.
S. V. Gupte, Solicitor General, R. Ganapathy Iyer and R. N.
Sachthey, for the appellant.
A. V. Viswanatha Sastri and S. P. Varma, for the respondent.
The Judgment of the Court was delivered by
Sikri, J. This appeal pursuant to a certificate granted by the
Allahabad High Court under s. 66A(2) of the Income-tax Act
(hereinafter referred to as the Act) is directed against the judgment
of the High Court in a. reference under the Act, answering the
question referred to it in the negative.
The question referred by
the Appellate Tribunal is:
"Whether on a true interpretation of clause (viii) of subsection 3 of section 4 of the Indian Income-tax Act
the sum of Rs. 36,396 /- received by the assessee as an
allowance during the previ0us year of the assessment
year 1949-50 is revenue income liable to tax under the
Indian Income-tax Act, 1922?"
The relevant facts stated in the Statement of the case are as
follows: The assessee is a Hindu undivided family headed by one
Sri Trivikram Narain Singh who is a descendant of one Sri Babu
G Ausan Singh who was the original founder and owner of what is
known as Ausanganj State in the district of Benaras. The district
of Benaras was formerly a part of Oudh territory. By a Treaty between the East India Company Nawab Asafuddaula in or about
the year 1775, the province of Benaras was ceded to the British
Government.
The British Government granted a sanad of Raj to
H Raja Chet Singh who in turn gave the Jagir of Parganas Seyedpore and Bhittery in perpetuity to Babu Ausan Singh. It appears
that in l 796 there were some displltes between Babu.Ausan Singh
ard the Za,mindars in the district and the matter was referred by
the Collector of Benaras to the Board of Revenue in Calcutta. The
disputes between the Jagirdars and Zamindars ultimately ended
in 1837 by a compromise l)etween the British Government and the
\hen Jagirdar Har Narain Singh whereby the British Government
702
SUPREME
COURT
REPORTS
[1965] 3 s.c.R.
grante~ a !?ens.ion of Rs._ 36,322/8/- to Babu Har Narain Singh A
and his he1rs m perI?etmty.
The quantum of this pension was
ca!culated on the basis of l /4th of the revenue of the Jagir. By
this arrangement the revenue or land collections of Jagir became
payable by the Zamindars direct to the Government and by the
grant of the pension, Babu Har Narain Singh and his successors
no longer remained the proprietors of the Parganas or the Jagir B
and became entitled to merely a pension. The letter by which
the amount of pension was determined at Rs. 36,322/8/- is dated
7th of July, 1837 and was from H. Elliot Esqr., the Secretary Sadar
Board of Revenue. N.W.P. Allahabad, to J. Thompson Esqr., Offg.
Secretary to Lt Government, N.W.P.".
The pension was paid regularly from year to year by the
Government to Babu Har Narain Singh and his heirs.
During the
previous year of the assessment year 1949-50, the assessee received
a sum of Rs. 36,396 /- on account of the aforesaid pension. The
Income-tax Officer, in spite of the objection of the assessee, held
c
that it was a regular annual income of the assessee and did not
fall within the category of agricultural income-tax. He observed
D
that "in fact this income arose from a statutory obligation of the
Government to pay it, and although the Government recouped
this from the person with whom the land was settled, land in the
genealogical tree of Mafikana appears in the second· degree, its
immediate and effective source is the. Government's statutory obligation to pay it, and this obligation is not land within the meaning
E
of Income-tax Act, vide C.l.T. v. Raja Bahadur Kamakhaya
Narain Singh(')".
The assessee appealed to the Appellate Assistant Commissioner
who held that "the alleged cash grant of varying and unspecified
amount received by the appellant, in relation to land revenue of
F
Seyedpur now Tehsil of District Ghazipur, clearly fell within the
definition of agricultural income under Section 2(1) of the Incometax Act."
The Income-tax Officer appealed to the Income-tax Appellate
Tribunal. The Tribunal held that the sum of Rs. 36,396 /, was
chargeable to tax under the Act as the income was not agricultural
G
income for "although the pension was determined with respect to
the quantum of the rent coll~ction _the rent collections or _the land
could not be said to be the iwmed1ate source of the pens10n. The
source of the pension was a lia~ility ul'.dertaken by th~ Government for extinguishing the propnetary nghts of the Jag1rdar and
when the immediate source of the income was not Ian? or rent H
collections from land, it is_ difficult t? ~old that the. receipt of ~he
assessee was agricultural mcome w1thm the meamng of Section
4(3)(viii) of the Income-tax Act."
·
The High Court held that from the language of the letter of
July 7, J 837, it was manifest that the. right which was conferred
(') (1948) 18 l.T.R. 325.
C.I.T. t>.
KU;,,WAR TRIVIKRAM (Sikri, J.)
i03
A was a right to a share of one-fourth in the net land revenue collections after deducting costs of Tahsil establishment. It relied on
the fact that the amount which had been received by the successors
of Babu Harnarain Singh varied from year to year. It observed
that "the language of the letter and this conduct of the parties
can only lead to the inference that, by this settlement contained i_n
B
the letter of 7th July, 1837, Babu Har Narain Singh and his successors were granted in perpetuity a right to one-fourth of the land
revenue collections themselves and not merely a right to receive
a sum of money calculated on that basis." The High Court
accordingly answered the question in the negative.
a
The learned. Additional ,Solicitor-General, on behalf of the
appellant, contends that according to the true interpretation of
the letter dated July 7, 1837. no right in the land revenue was
granted to the assessee. He relies on the decision of this Court
in State of Uttar Pradesh v. Kunwar SriTrivikram Narain Singh(').
That case arose out of the writ petition filed by the present resD pondent in the High Court of Judicature at Allahabad for a writ
in the nature of mandamus calling upon the State of Uttar Pradesh
to forbear from interfering with his right to regular payment of the
"pension, allowance or Malikana" payable in lieu of the hereditary
estate of Harnarain Singh in respect of parganas "Syudpore
Bhettree" and for an order for payment of the"'pension, allowance
J!l
or malikana" as it fell due. This Court interpreted the same
letter, dated July 7, 1837, and came to the conclusion· that the
respondent did not acquire any interest in land or any land revenue. Shah, J ., speaking for the Court, observed:
F
G
B
"Because the annual allowance is equal to a fourth share
of the net revenue of the mahals, the right of the respondent does not acquire the character of an interest
in land or in land revenue. Under the arrangement,
the entire land revenue was to be collected by the
Government and in the collection Harnarain S.ingh and
his descendants had no interest or obligation.
As a
consideration for relinquishing the right to the land
and the revenue thereof, the respondent and his ancestors were given an allowance of Rs. 30,612-13-0. The
ailowance was iri a sense related to the land revenue
assessed on the land, i.e. it was fixed as a percentage
of the land revenue; but the percentage was merely a
measure, and indicated the source of the right in lieu
of which the allowance was given."
The learned counsel for the respondent, Mr. A. Viswanatha
Sastri urges that on its true interpretation the letter dated July 7,
1837, showed an arrangement for sharing c011ections. We are unable to agree with his contention. We respectfully adopt the
reasoning and conclusion of this Court in the case of State of
I') [1962] 3 S.C.R. 213.
70.1
SUPREME coua·r JIEPOJ:TS
[l 9U5] :; ,;,v.11.
Uttar Pradesh v. Kunwr1r Sri frivikram Narain Singh(') and hold
A
that the r~spondent, under the arrangement, had no interest in land
or in the 1and revenue payable in respect thereof.
If this is the true interpretation of the arrangement arrived
at, the question arises whether the pension or allowance is agricultural income. 'Agricultural income' is defined in s. 2 of the Act B
as follows:
-
"(J) "agricultural income" means-
(a) any rent or revenue derived from land which is used
for agricultural purposes and is either assessed to land
revenue in British India or subject to a local rate C
assessed and collected by officers of the Crown as
such: ...... "
In Maharajkumar Gopa/ Saran Narain Singh v. Commissioner of
Income-tax, Bihar and Orissa('), the facts were that the asscssee had
conveyed the greater portion of his estate. The consideration for D
the transfer was, inter a/ia, an annual payment of Rs. 2,40,000 /-
to the assessee for life. The Privy Council held that this "annual
payment was not agricultural income as it was not rent or revenue
derived from land but money payable under a C<_!ntract imposing .
a personal liability on the covenantor the discharge of which was
secured by a charge on land."
E
The Privy Council, in Commissioner of Income-tax Bihm· and
Orissa v. Raja Bahadur Kamakhaya Narayan Singh and Others('),
construed the word 'derived' as follows:
"The word "derived" is not a term of art.
Its use in the
definition indeed demand~ an enquiry into the geneF
alogy of the product. But the enquiry should stop as
soon as the effective source is. discovered. In the
genealogical tree of the interest land indeed 11ppears
in the second degree, but the immediate and etlectiv~
source is rent, which has suffered the accident of nonpayment. And rent is not land within the meaning G
of the definition."
This Court observed in Mrs. Bacha F. Guzdar, Bombay v.
Commissioner of -Income-tax, Bombay(') as follow:
"Agricultural income as defined in the Act is intended to
refer to the revenue received by direct association with
H
the land which is used for agricultural purposes and
not by indirectly extending it to cases where that revenue or part thereof changes hands either by way of
distribution of dividends or otherwise."
(') fl962] 3 S.C.R. 213.
(') 3 I.T.R. 237.
(') 16 I.T.R. 321i.
(') 27 I.T .R. l.
A
B
c
D
E
F
C.I.T.
V.
KUNWAR TRIVIKRAM (Sikr'. J.)
705
The same test was adopted by this Court in Maharajadhiraju
Sir Kameshwar Singh v. Commissioner of Income-tax, Bihar and
Orissa(') and the Court again looked to the source .of the right in
order to determine whether income was agricultural income or not.
Shah, J., observed:
"The appellant has no beneficial interest in the lands which
are the subject-matter of the trust: nor is he given
under the trust a right to receive and appropriate to
himself the income of the properties or a part thereof
in lieu of any beneficial interest in that income. The
source of the right in which a fraction of the net income of the trust is to be appropriated by the appellant
as his remuneration is riot in the right to receive rent
or revenue of agricultural lands, but
rest~ in the
covenant in the deed to receive remuneration for
management of the trust. · The income of the trust
appropriated by the appellant as remuneration is not
received by him as rent or revenue of land; the character of the income appropriated as remuneration due is
again not the same as the character in which it was
received by the appellant as trustee. Both the source
and character of the income are, therefore, altered
when a part of the income of the trust is appropriated
by the appellant as his remuneration, and that is so,
notwithstanding that computation of remuneration is
made as a percentage of the inc<;>me, a substantial part
whereof is derived from lands used for agricultural
purposes. The remuneration not being received as
rent or revenue of agricultural lands under a title,
legal or beneficial in the property from which the income is received, it is not income exempt under section 4(3)(viii)."
It follows from the decision's of the Privy Council and the
judgments of this Court cited above that if it is held in this case
that the source of the allowance or pension is the arrangement
G arrived at in 1837, then the income cannot be held to be derived
from land within the meaning of the definition in s. 2(1)(a) of the
Act. It seems to us that in this case the source of income is
clearly the arrangement arrived at in 1837 and, therefore, ii is not
agricultural income as defined in the Act.
H
Mr. Sastri sought to distinguish those cases on the ground 'that
the allowance here varied from year to year. Assuming that the
allowance varied from year to year, the source of the income still
remains· the arrangement and not land.
The next point that arises in this case is whether the allowance
is taxable income at all. Mr. Sastri contends that it is capital
receipt. He says that if the assessee's predecessor had received
I') 41 I.T.R. 169.
706
St'l'l~KME
l'OllltT
lU<;l'ORTS
[l9Gti] :l s.u.11.
compensation for relinquishing his title to the lands in dispute,
A
that would have been a capital receipt and not taxable.
He further says that the allowance was in fact a payment of the compensation for relinquishing the title to those lands. He says that we
must considtr the quality of the income and not its periodicity. He
refers to the following passage from the speech of Viscount Simon
in Confmissioner of Inland Revenue v. Wesleyan and General B
Assurance. Society('):
~
'
"It may be welt to repeat two propositions which are welt
established in the application of the law relating to
Income-tax. First, the name given to a transaction by
the parties concerned does not necessarily decide the 0
nature of the transaction. To call .a payment a loan
if it is really an annuity does not assist the taxpayer,
any more than to call an item a capital payment w~mld
prevent it from being regarded as an income payment
if that is its true nature. The question always is what
is the real character of the payment, not what the parD
ties call it."
He, therefore, asked us to disregard the word 'pension' in the letter
dated July 7, 1837, and determine the real character of the payment.
AnJther passage from the speech of Viscount Simon is
also relevant.
Lord Simon. observed :
"Secondly, a transaction which, on its true construction. is
of a kind that would escape tax, is not taxable on the
ground that the same result could be brought about
E
by a transaction in another form which would attract
tax. As the Master of the Rolls said in the present
case: 'In dealing with Income-tax questions it freF
quently happens that there are tWo methods at least of
achieving a particular financial result. . If one of those
methods is adopted tax will be payable. If the other
mehod is adopted, tax will not be payable.
. .
The net result from the financial point of view is precisely the same in each case, but one method of achieving
it attracts tax and the other method does not. There
have been cases in the past where what has been called
the substance of the transaction has been thought to enable the Court to construe a document in . such a way
as to attract tax. That particular doctrine of substance
G
as distinct from form was, I hope, finally exploded by
B
the decision of the House of Lords in the case of Duke
of Westminster v. Commissioner of Inland Revenue(')".
It seems to us that where an owner of an estate exchanges a
capital asset for a perpetual annuity, it is ordinarily taxable income in his hands. The position will be different if he exchanges
(') 30 T.C. II.
(1) ID T.C. ,90.
U.LT. v. KUN\VAH. THIVJKRAM (Sikrt, J.)
/\;7
A
his estate for a capital sum payable in instalments.
The instalments when received would not be taxable income.
B
c
Mr. Sastri, relying on Perrin v. Dickson(') contends that an
annuity is not always taxable as income. This is true, but in this
case no material has been produced to show that the allowance was
in fact a payment in instalments of the value of the disputed title
of the assessee's predecessor in 1837.
!n the result, we hold that the allowance is revenue income
and not exempt from taxation as agricultural income. Therefore,
we accept the appeal and answer the question referred in the
affirmative.
The appellant will have his costs here and in the High
court.
Appeal allowed.
C') JO T.C. tel.