Supreme Court · 2014 INSC 277 · Decided 16 April 2014

Commissioner of Wealth Tax, Rajkot v. Estate of Late HMM Vikramsinhji of Gondal

Court
Supreme Court of India
Citation
2014 INSC 277 · [2014] 9 S.C.R. 1
Case number
CIVIL APPEAL No. 2312/2007
Decided
16 April 2014
Bench
RAJENDRA MAL LODHA, SHIVA KIRTI SINGH (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Income Tax Act

Headnote

Income Tax Act, 1961/Wealth Tax Act - Income from Foreign Trust - Tax liability of the sett/or of the Trust - Held: A B In view of the facts of the case, the character of the trust is C discretionary and not specific - The discretionary trust gives discretion to the trustee to of the tn1st to trust-beneficiaries - But if the trustees fail to distribute in due time, the power to distribute is not extinguished - In the present case, merely because the income has been retained' D and not disbursed to the beneficiaries because th?J seWor failed to appoint the discretion

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