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2010 (9) TMI 27 - DELHI HIGH COURTTotal Income- Inclusion - The assessee and her husband created a private trust settling a sum of Rs. 10,000 each in trust for the benefit of the daughter in law of the settlers and the grandchildren of the settlers. The officer examined the trust deed and held under that under the provision of section 64(1)(vi) of the Act, 50 percent. Of the income from the trust was includible in the total income of the assessee. The Assistant Commissioner held that section 64(1)(vi) was not applicable. The Tribunal upheld the view taken by the Assistant Commissioner holding that the transfer of money by the two settler was not made directly or indirectly to the daughter in law or her grandchildren but to an association of person for the benefit of his daughter in law or her grandchildren. Held that - Tribunal is right. Answer the questions in favour of the assessee and against the Revenue.
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