https://www.taxtmi.com/caselaws?id=290082 The commentary explains that the proviso to Section 41(1) of the Indian Income-tax Act, 1922 was treated as applying only to trustees under an inter vivos trust deed, not to a testamentary trust created by will. The 1941 amendment expressly extending the provision to trusts declared by a duly executed instrument in writing, whether testamentary or otherwise, showed that the earlier wording did not cover such trusts, so the provision could not be applied retrospectively to an assessment already completed. It also notes that, on a reference under Section 66, the High Court's jurisdiction was confined to the precise question referred and it could not decide an additional unreferenced point of law. en-us Mon, 03 Sep 1945 00:00:00 +0630 Tue, 08 Sep 2020 17:07:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=290082 The commentary explains that the proviso to Section 41(1) of the Indian Income-tax Act, 1922 was treated as applying only to trustees under an inter vivos trust deed, not to a testamentary trust created by will. The 1941 amendment expressly extending the provision to trusts declared by a duly executed instrument in writing, whether testamentary or otherwise, showed that the earlier wording did not cover such trusts, so the provision could not be applied retrospectively to an assessment already completed. It also notes that, on a reference under Section 66, the High Court's jurisdiction was confined to the precise question referred and it could not decide an additional unreferenced point of law. Case-Laws Income Tax Mon, 03 Sep 1945 00:00:00 +0630 https://www.taxtmi.com/caselaws?id=290082