2002 (10) TMI 25 - MADRAS HIGH COURT - Income Tax

Head Note / Extract:
"Whether, Tribunal was right in law in holding that the status of the private trust carrying on business in accordance with the trust deed cannot be taken as association of persons?" - Sub-section (1A) was introduced in section 161 of the Income-tax Act, 1961, with effect from April 1, 1985, and was applicable during the assessment year 1985-86. - Having regard to the clear language of the provision, the whole of the income derived from the trust from the business it carried on, is liable to be taxed at the maximum marginal rate. The decision of the Bombay High Court relied on by the Tribunal in the case of CIT v. Marsons Beneficiary Trust, was a decision which concerned the assessment year prior to the year in which sub-section (1A) was introduced to section 161 - The question is, therefore, answered in favour of the Revenue and against the assessee.