TMI Blog1969 (2) TMI 11X X X X Extracts X X X X X X X X Extracts X X X X ..... estate. The trustees were directed to carry on the "Arya Vaidya Shala" and to maintain a hospital and a school conducted by Warrier and to apply 60% of the income for the benefit of the hospital and the school and the rest for the benefit of two thavazies. Exigibility to tax of 60% of the income directed to be utilised for the hospital and the school was finally decided by this court in Commissioner of Income-tax v. P. Krishna Warriar. In these appeals the dispute relates to the special surcharge on income-tax and super-tax on the balance of the income directed to be given to the two thavazies in the account years relevant to the assessment years 1957-58 to 1961-62. After the original assessments were completed, on coming to learn that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ered firm or other association of persons, ...... The amount of income-tax computed at the rates hereinbefore specified shall be increased by the aggregate of the surcharges calculated as under :-- (a) A surcharge for purposes of the Union equal to the sum of-- (i) five per cent. of the amount of income-tax ; and ... (b) A special surcharge on unearned income at fifteen per cent. of the difference between the amount of income-tax on the total income and the amount of income-tax on the whole of the earned income, if any included in the total income if such earned income had been the total income : ..." A similar provision is made for the levy of surcharge on super-tax in the case of every individual, Hindu undivided family, un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iness, profession or vocation ; or.... and includes any such income which, though it is the income of another person, is included in the assessee's income under the provisions of this Act, but does not include any such income which is exempt from tax under sub-section (2) of section 14 or under a notification issued under section 60 ; ..." Under the will of P. S. Warrier the trustees were directed to carry on the business of "Arya Vaidya Shala". In the income of the business the trustees had no beneficial interest, but it was still income chargeable under the head "Profits and gains of business, profession or vocation" carried on by the trustees. Being income chargeable under the head "Profits and gains of business, profession or voca ..... X X X X Extracts X X X X X X X X Extracts X X X X
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