TMI Blog1948 (3) TMI 42X X X X Extracts X X X X X X X X Extracts X X X X ..... ehta, is a beneficiary under a certain trust dated the 3rd April, 1924, executed by his wife, Bai Hamabai J.K. Mehta, and one of the benefits that the assessee receives under this trust is that he is entitled to reside rent-free in the property known as Persepolis. For the assessment year 1943-44 the Income-tax authorities, instead of assessing the trustees in respect of the income received by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t under Section 9(2) it is only the owner of the property that is entitled to the benefit conferred by that sub-section. The Advocate-General argues that the assessee is not the owner of the property, the owners of the property are the trustees and therefore sub-section (2) of Section 9 has no application. But the Advocate-General overlooks the patent fact in this case that the assessee has been a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... same benefit under sub-section (2) as the beneficiary would be and Sir Jamshedji has also argued that the expression owner in Section 9(1) means not the legal owner but the beneficial owner. We do not think it necessary to decide either of these two questions raised by Sir Jamshedji and we confine our decision to the narrow point that as the beneficiary has been assessed to tax under Section 9(1 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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