https://www.taxtmi.com/caselaws?id=462914 A revocable transfer through a foreign trust falls within sections 61 and 63 of the Income-tax Act, so the settlor's retained power to reassume income can trigger attribution of trust income for tax purposes. The analysis states that these provisions are not limited to Indian trusts and can apply to a foreign trust. It further notes that, even if assessment is made in the trustee's hands under section 161, taxation must be in the same manner and to the same extent as the beneficiary, and treaty protection under Article 24 may still apply. On the facts discussed, the trust income was not taxable in India merely because the trustee interposed as representative assessee. en-us Mon, 30 Jan 2023 00:00:00 +0530 Thu, 24 Jul 2025 13:00:06 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=462914 A revocable transfer through a foreign trust falls within sections 61 and 63 of the Income-tax Act, so the settlor's retained power to reassume income can trigger attribution of trust income for tax purposes. The analysis states that these provisions are not limited to Indian trusts and can apply to a foreign trust. It further notes that, even if assessment is made in the trustee's hands under section 161, taxation must be in the same manner and to the same extent as the beneficiary, and treaty protection under Article 24 may still apply. On the facts discussed, the trust income was not taxable in India merely because the trustee interposed as representative assessee. Case-Laws Income Tax Mon, 30 Jan 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=462914