Judgement

Appeal (No. 97 of 1932) from a judgment of the High-Court upon a case stated under s. 66 of the

Law. Rep. 61 Ind. App. 209 ( 1933- 1934) Trustees of the Sir Currimbhoy v. Commnr. of I.T. Bombay 35

Indian Income-tax Act, 1922.

The question for determination was whether under the above Act the appellants, who were a corporation constituted by Act IV. of 1913 to be trustees of certain properties for the purpose of that Act, were liable to be assessed either for income-tax or super-tax for the year 1929-30 in respect of income from properties vested in them as such trustees.

The matter arose upon an assessment to super-tax, but the question was finally submitted in the reference both as to income-tax and super-tax, and had been so dealt with.

The facts and the material provisions appear from the judgment of the Judicial Committee.

The judgment of the High Court, delivered by Beaumont C.J., and concurred in by Rangnekar J., answered the question adversely to the appellants. The learned Chief Justice was of opinion that under the special Act the trustees were a taxable unit, and that the Commissioner was entitled under s. 3 of the Act of 1922 to assess and charge them, there be