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Income Tax - Highlights / Catch Notes

Home Highlights November 2015 Year 2015 This

Denial exemption U/s.11 & U/s.12 - if one of the trustees ...


Trust's Exemption Under Income Tax Act Upheld: Valid Despite One Incompetent Trustee, Other Trustees Ensure Legality.

November 4, 2015

Case Laws     Income Tax     AT

Denial exemption U/s.11 & U/s.12 - if one of the trustees appointed is not competent to contract, he cannot be made as a trustee as rightly pointed out by the Revenue. However, in this given case, there are other trustees on whom the property in the trust can be legally vested. Therefore, it cannot be said that the creation of the trust is void ab initio as held by the Revenue. - AT

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