Can a Trustee Take Remuneration from a Trust?

2026 Supreme(Online)(ITAT) 2079

was violation of provisions of section 13(1)(c), in view of fact that payment of salary was being made since inception of trust and it had not been disputed by revenue in earlier years and, moreover, said trustee was exclusively working for trust, impugned order passed by Assessing Officer was to be ... During the course of assessment proceedings, the Assessing Officer observed that the assessee trust had paid substantial amounts to specified persons as remuneration namely ₹72,00,000 to Shri Rajesh Kuma....

2024 0 Supreme(Ker) 312

(ii) Whether the trusteees are entitled to such benefits from the trust other than remuneration for services rendered by them? ... (ii) Whether the trusteees are entitled to such benefits from the trust other than remuneration for services rendered by them? ... We also see no reason to take a different view since it is not in dispute that the payments in question were actually made to the trust and not to the trustees in their individual names. ... Had the Carmel Educational #HL_ST....

1960 0 Supreme(SC) 250

The income of the trust appropriated by the appellant as remuneration is not received by him as rent or revenue of land; the character of the income appropriated as remuneration due is again not the same as the character in which it was received by the appellant as trustee. ... s remuneration, the balance of the income estimated at Rs. 1,63,136-4-0 was to be utilised for the objects of the trust. ... The income received from agricultural properties of the trust by the....

High Court Malaya Kuala Lumpur

CKF), informed the Defendant that the Plaintiff was agreeable to take steps to appoint a new trustee and accordingly requested the Defendant to provide the particulars of various trust companies who could potentially take over on the Defendant's role as sole trustee of the Trust. ... [36] It was observed that efforts by multiple discussions with the Plaintiff/Appointor about exiting the Trust, had also been unsuccessful. The Defendant had even requested that the Plai....

2024 Supreme(Online)(DEL) 14915

Modi and on her assuming the office of Managing Trustee of the Trust, she also drew remuneration right from 2019, and again, without protest from the plaintiff. ... Managing Trustee of the Trust. ... In this regard, the plaintiff also places reliance on Clause 4.5 of the Trust Deed to state that the defendant no.1 was to continue to be the Managing Trustee and to possess the complete authority to take all decision on any matter relating to the #HL_ST....

High Court Malaya Kuala Lumpur

CKF), informed the Defendant that the Plaintiff was agreeable to take steps to appoint a new trustee and accordingly requested the Defendant to provide the particulars of various trust companies who could potentially take over on the Defendant's role as sole trustee of the Trust. ... The Defendant had even requested that the Plaintiff/Appointor take the necessary steps to appoint a new trustee but to no avail. ... of the Trust, and ....

1999 0 Supreme(All) 1857

-65 as a trustee of the Sherwani Charitable Trust ?" ... The facts of the case are that the assessee was a trustee of a trust named "Sherwani Charitable Trust". Under a clause of the trust deed, one-third of the income of the trust was to be paid to the trustees as their remuneration. ... -66, 1966-67 and 1968-69 as a trustee of the Sherwani Charitable Trust ?" ... The material facts were, (1) that the assessee was....

Court of Appeal England and Wales

someone other than the trustee to a beneficial interest in or entitlement to the trust fund. ... The 1976 rules were expressed to take effect from 1 July 1974. In 1981 amended rules for the Scheme were adopted ("the 1981 rules"). The 1981 rules were expressed to take effect from 6 April 1975, subject to an immaterial exception. ... This, however, is a practical problem calling for a practical solution by the Trustee. The Trustee has wide powers under cl 2 (b) of the Trust#HL_....

2025 0 Supreme(Bom) 1834

The Assistant Charity Commissioner directed the office to place the same before the Trust and to take appropriate action thereon. ... (4) Where the Charity Commissioner has made an order suspending, removing or dismissing any trustee and such trustee is the sole trustee or where there are more than one trustee and the remaining trustee according to the instrument of trust, cannot function or administer the trust ... that if the #HL....

or law raised by someone other than the trustee to a beneficial interest in or entitlement to the trust fund. ... [3] The first rules of the Scheme ("the 1976 rules") were attached to the Definitive Trust Deed ("the Trust Deed") of 1 April 1976. The 1976 rules were expressed to take effect from 1 July 1974. ... The 1981 rules were expressed to take effect from 6 April 1975, subject to an immaterial exception. ... This, however, is a practical problem calling for a practical solution b....

2008 0 Supreme(Mad) 3110

In the result, all these original side appeals are disposed of leaving the parties to bear their costs. Thereafter, they can move the Court for necessary directions. The remuneration for the above trustee appointed by the Court is fixed at Rs.20,000/-(Rupees twenty thousand only) per month which is directed to be paid by the trust.

1998 0 Supreme(SC) 520

Clause 18 of the Trust Deed provides as follows : Clause 18 : It is hereby further expressly agreed and declared that each of the Trustees shall be entitled to charge remuneration and be remunerated for rendering service as Trustee of these presents out of the income of the Trust property and the Trustees shall pay such remuneration to each of the Trustees as may be fixed by them by a unanimous resolution in that behalf from time to time 540 provided that the amount of such remuneration payable to any one Trustee for services rendered during any one year shall not exceed the sum of....

1990 0 Supreme(Mad) 905

At page 241 it is stated, "When a partner is appointed receiver of the partnership estate, Courts will-not generally allow him any remuneration". The relation of trustee and cestuique trust excludes any idea of remuneration except by express antecedent contract. Though a general, it is not an inflexible, rule that no remuneration will be allowed to a trustee appointed by the Court receiver of the trust estate, (sic). Similarly a trustee appointed receiver of the estate of which he is the trustee may not, in general, be allowed any remuneration. A trustee a....

1984 0 Supreme(AP) 516

Whether or not there is a direction is not is controversy in the instant case. ( 3 ) THE law as to remuneration payable to trustees is contained in section 50 of the Indian Trusts Act, 2 of 1882, which recites, unless directed otherwise, a trustee has no right to any remuneration for the trouble, skill and loss of time in executing a trust. What is urged on behalf of the accountable person is, no resolution was passed by the trustees and no enforceable or legal right was created in favour of the trustee, therefore, section 10 is inapplicable.

1984 0 Supreme(AP) 347

The remuneration payable to the trustees is not different in character from the payment required to be made to the beneficiaries in terms of the trust. The amounts for remuneration paid to the trustee, therefore, constitute deductible expenditure from the income of the trust.