On appeal the High Court held that the consideration received by the trustees for relinquishment of the trusteeship could not be treated as a capital receipt for the purposes of assessment as capital gains, but would have to be treated as the individual income of the assessee under the appropriate head of income. On a petition for special leave to appeal to the Supreme Court, SLP of the assessee is dismissed. (AY. 2009-10 to 2011-12)
Jose Thomas, Etc. v. PCIT (2024)468 ITR 108 / 301 Taxman 170 (SC) Editorial : PCIT v. Grancy Babu (2024) 298 Taxman 722 / 471 ITR 377 (Ker)(HC)
S. 4 : Charge of income-tax-Consideration received for relinquishment of trustee ship-Not capital in nature-Assessable as income-SLP of Assessee is dismissed. [S. 45, 132, Art. 136]
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