Supreme Court of India · 1995-04-28
GOSAR FAMILY TRUST, JAMNAGAR ETC. vs COMMISSIONER OF INCOME TAX, RAJKOT ETC.
- Citation / case number
- SC 1991/80259
- Court
- Supreme Court of India
- Petitioner
- GOSAR FAMILY TRUST, JAMNAGAR ETC.
- Respondent
- COMMISSIONER OF INCOME TAX, RAJKOT ETC.
- Author
- B.P. JEEVAN REDDY
- Bench
- B.P. JEEVAN REDDY
Judgment text excerpt
The Supreme Court addressed the taxation of discretionary trusts under Section 164(1) of the Income Tax Act, 1961, determining whether the income should be taxed at the maximum marginal rate or at the rate applicable to an association of persons. The Court held that the income of the Gosar Family Trust, being a discretionary trust, is chargeable at the rate applicable to the association of persons, thus overturning the Gujarat High Court's ruling. The judgment clarifies the interpretation of trust deeds in relation to tax obligations.