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Income Tax - Highlights / Catch Notes

Home Highlights December 2020 Year 2020 This

Assessment of Trust - voluntary corpus donations - Whether the ...


Trust Assessed as "Individual" for Tax Purposes u/ss 56(2)(vii) and 2(24)(iva) of Income Tax Act.

December 19, 2020

Case Laws     Income Tax     HC

Assessment of Trust - voluntary corpus donations - Whether the assessee is a discretionary Trust - Additions u/s Section 56(2)(vii) read with Section 2(24)(iva) - AOP u/s 2(31)(v) - The assessee is required to be assessed as an “individual”, the beneficiaries have been identified and are identifiable and Section 161 would apply because the income is specifically receivable on behalf of or for the benefit of any one person who are known and whose shares are determinate. The factual positions as brought by the JCIT and the CIT clearly show that the methodology adopted by the assessee was to circumvent the provisions of the Act. - HC

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