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april 1995

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.

GOSAR FAMILY TRUST, JAMNAGAR ETC. vs COMMISSIONER OF INCOME TAX, RAJKOT ETC. · Niyam