Supreme Court · 1968 INSC 222 · Decided 4 September 1968

C. R. Nagappa v. The Commissioner of Income-Tax, Mysore

Court
Supreme Court of India
Citation
1968 INSC 222 · [1969] 1 S.C.R. 979
Case number
CIVIL APPEAL No. 1374/1967
Decided
4 September 1968
Bench
J.C. SHAH, V. RAMASWAMI, A.N. GROVER (3-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Income Tax Act Section 161(1), 263, 64(v), 160

Headnote

Income-tax Act, 1961, s. 161(1) and (2)-Scope of-Whether trust income must be assessed in the hands of the trustee as 'representative assessee'-Or can be assessed in settlor's hands under s. 64(v) or in the beneficiary's ha·nds. The appellant settled certain properties for the benefit of trust and vested the properties in four trustees of whom he was one. Under each deed of trust a portion of the income of the tntSt was to be utilized immediateiy for the benefit of the beneficiaries and the balance accumulated. In the course of the appellant's assessment to income~tax for the

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