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april 1991

Supreme Court of India · 1991-04-08

MOTILAL CHHADAMI LAL JAIN vs COMMISSIONER OF INCOME TAX , DELHI ETC.

Citation / case number
SC 1975/60588
Court
Supreme Court of India
Petitioner
MOTILAL CHHADAMI LAL JAIN
Respondent
COMMISSIONER OF INCOME TAX , DELHI ETC.
Bench
RANGNATHAN

Judgment text excerpt

The Supreme Court held that the entire rental income of Rs.21,000 from the lease of properties is taxable under the Income Tax Act, 1961, despite Rs.10,000 being paid directly to a college by the lessee. The Court clarified that this arrangement does not alter the family's liability to tax, as it is merely a mode of application of income. Additionally, the Court ruled that the income from properties claimed to be transferred to a charitable trust is assessable in the hands of the family, as the trust deed did not effectively transfer the corpus, thus not qualifying for exemption under Section 4(3)(i) of the Income Tax Act, 1922.

MOTILAL CHHADAMI LAL JAIN vs COMMISSIONER OF INCOME TAX , DELHI ETC. · Niyam