Judgment

S. K. DAS, J. : The Commissioner of Income-tax, Bombay City I, has preferred this appeal to this Court on a certificate of fitness granted by the High Court of Bombay under S. 66A(2) of the Indian Income-tax Act, 1922.

2. The assessee, who is the respondent before us, was assessed to income-tax as an individual in respect of his income for the assessment year 1954-55. The taxing authorities included in the assessee s total income for the year two sums, namely, a sum of Rs. 410 and a sum of Rs. 14,170. It was stated that these two sums accrued in the relevant account year in the following circumstances. On January 12, 1953 the assessee created a trust in respect of a sum or Rs. 25,000, the trustees whereof were the Central Bank Executor and Trustee Co., the assessee himself, his wife and brother. The scheme of the trust-deed was that the said sum of Rs. 25,000 was set apart by the assessee and it was provided that the interest on that amount should be accumulated and added to the corpus and a minor daughter of the assessee, named Chandrika, was to receive the income from the corpus increased by the addition of interest, when she attained the age of 18 on February 1, 1959. She