https://www.taxtmi.com/caselaws?id=35653 Where a trust deed gives trustees discretion to apply income wholly or partly for a beneficiary's maintenance, education and advancement, and to pay any part of that income to the beneficiary, the income is not specifically receivable on the beneficiary's behalf. On that construction, the beneficiary has no enforceable right to the whole income, and actual annual payments do not change the legal character of the receipts. The first proviso to section 41(1) of the Indian Income-tax Act, 1922, therefore applies, so the trust is assessable on the entire income and the sums actually received by the beneficiary are not separately taxable in his hands. en-us Tue, 08 Sep 1981 00:00:00 +0530 Mon, 15 Mar 2010 17:41:09 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=35653 Where a trust deed gives trustees discretion to apply income wholly or partly for a beneficiary's maintenance, education and advancement, and to pay any part of that income to the beneficiary, the income is not specifically receivable on the beneficiary's behalf. On that construction, the beneficiary has no enforceable right to the whole income, and actual annual payments do not change the legal character of the receipts. The first proviso to section 41(1) of the Indian Income-tax Act, 1922, therefore applies, so the trust is assessable on the entire income and the sums actually received by the beneficiary are not separately taxable in his hands. Case-Laws Income Tax Tue, 08 Sep 1981 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=35653