DURGA PROSAD MORE vs COMMISSIONER OF INCOME-TAX, WEST BENGAL II — 1971 PTD 228

Citation: 1971 PTD 228

Court: Calcutta High Court

Year: 1970

Decision Date: 1970-12-31

Parties: DURGA PROSAD MORE vs COMMISSIONER OF INCOME-TAX, WEST BENGAL II

Headnotes

Case cited as 1971 PTD 228

Judgment Text

Court Name: Calcutta High Court Judge(s): K. C. Sen, P. B. Mukharji Title: DURGA PROSAD MORE vs COMMISSIONER OF INCOME-TAX, WEST BENGAL II Case No.: Income-tax References Nos. 78 and 79 of 1964 Date of Judgment:- Reported As: 1971 PTD 228 Result: Question answered in negative JUDGMENT JUDGMENT A. C. SEN, J.-This is a reference under section 66(2) of the Income-tax Act, 1922, at the instance of the assessee. The question that has been referred to us for our opinion is as follows: "Whether, in the facts and circumstances of the case, and on a proper interpretation of the deed of conveyance and the deed of settlement the Tribunal is right in holding that the house property being premises Nos. 46-A and 46-B, Wellesley Street, Calcutta, is not trust property?" The facts may briefly be stated thus: In the course of the assessment proceedings for the assessm ent years 1958-59 and 1959-60, the assessee claimed before the Income-tax Officer that the income of the house property consisting of premises Nos. 46-A and 46-B, Wellesley Street, Calcutta, should be treated as income derived from trust property and hence should be taxed not in his hands as his individual income but as income derived by him as trustee from trust property. It appears that the assessee filed two returns-one in his own name, viz., Shri Durga Prosad More, declaring loss at Rs. 9,736 and the other in the name of Shri Durga Prosad More in the capacity of trustee to the estate of Sm. Benarasi Debi declaring total…

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