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april 1965

Supreme Court of India · 1965-04-08

COMMISSIONER OF INCOME-TAX, MADRAS vs MANAGING TRUSTEES, NAGORE DURGHA, NAGORE

Citation / case number
SC 1964/90401
Court
Supreme Court of India
Petitioner
COMMISSIONER OF INCOME-TAX, MADRAS
Respondent
MANAGING TRUSTEES, NAGORE DURGHA, NAGORE
Bench
SUBBARAO

Judgment text excerpt

The Supreme Court upheld the High Court's ruling that Section 41 of the Indian Income Tax Act, 1922 applies to the income received by the managing trustees of a Muslim Wakf, known as Nattamaigars, on behalf of the beneficiaries, Kasupangudars. The Court clarified that the technical doctrine of vesting does not apply, as the trustees are deemed to receive income for the benefit of others, despite the legal vesting of property. The Court concluded that the Nattamaigars were managers of the properties and entitled to receive income on behalf of the beneficiaries, affirming the High Court's decision in favor of the assessee.

COMMISSIONER OF INCOME-TAX, MADRAS vs MANAGING TRUSTEES, NAGORE DURGHA, NAGORE · Niyam