Supreme Court · 1971 INSC 207 · Decided 18 August 1971
Harishikesh Ganguli (Dead) v. Commissioner of Income Tax, Calcutta
- Court
- Supreme Court of India
- Citation
- 1971 INSC 207 · [1972] 1 S.C.R. 310
- Case number
- CIVIL APPEAL No. 1850/1967
- Decided
- 18 August 1971
- Bench
- K.S. HEGDE, A.N. GROVER (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Income Tax Act Section 16(1)(c), 63(A)
Headnote
Income-tax Act, 1922, s. 16(1)(c)-Settlor reserving benefit for him­ self under trust created by him-Trust whether becomes a revocable trust within meaning of section-Effect of third proviso. A B The assessee derived income from house properties and from the busi- ness of a registered houses. It was provided in 1ihe trust deed that the trustees shall pay a sum of Rs. 200/ - per month to the C settlor, for life for his own absolute use and benefit out of the income of the trust estate remaining after payment of taxes, rents etc. The Income- tax Officer held that the income from
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