CIT v. Sae Head Office Monthly Paid Employees Welfare Trust

271 ITR 159High Court2004#3895 most cited

What is CIT v. Sae Head Office Monthly Paid Employees Welfare Trust authority for?

Beneficiaries of a trust do not set up the trust, and trustees derive authority from the trust deed, meaning neither trustees nor beneficiaries form an association for a common purpose solely due to their existence.

30

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2012 to 2025.

Also referred to as

CIT v. Sae Head Office Monthly Paid Employees Welfare Trust · 271 ITR 159 · beneficiaries · trustees · association for common purpose · trust deed · administration of trust

Sections most often in play

Section 143(1)Section 160Section 164Section 167BSection 2(29C)Section 250Section 4

Issues it is cited on

relinquishment of righttest of enduring benefitsection 10(2)(xv)business transfer agreementnon-compete feesection 2(31)slump salesection 51going concernsection 40a(2)(b)section 40a(2)beneficial owner

Judgments citing CIT v. Sae Head Office Monthly Paid Employees Welfare Trust

Shanker Trading (P) Ltd vs. The CIT

The appeals stand disposed of

ITA/257/2007HC Delhi09 Jul 2012
For Appellant: Mr Ajay Vohra and Ms Kavita JhaFor Respondent: Mr Sanjeev Sabharwal and Ms Suruchi Aggarwal
Section 201

…say that either the trustees or beneficiaries of a trust come altogether and form an association for a common purpose or to take a common action. As observed by a Division of this Court in CIT v. Sae Head Office Monthly Paid Employees Welfare Trust (2004) 271 ITR 159, the beneficiaries do not set up a trust and the trustees derive their authority under the terms of the deed of the trust. Therefore neither the trustees nor the beneficiaries could be said to have come together for a common purpose. The beneficiaries merely enjoy the benefit of the trust whereas the function of the trustees is to administe…

Shanker Trading (P) Ltd vs. The CIT

The appeals stand disposed of

ITA/247/2002HC Delhi09 Jul 2012
For Appellant: Mr Ajay Vohra and Ms Kavita JhaFor Respondent: Mr Sanjeev Sabharwal and Ms Suruchi Aggarwal
Section 201

…say that either the trustees or beneficiaries of a trust come altogether and form an association for a common purpose or to take a common action. As observed by a Division of this Court in CIT v. Sae Head Office Monthly Paid Employees Welfare Trust (2004) 271 ITR 159, the beneficiaries do not set up a trust and the trustees derive their authority under the terms of the deed of the trust. Therefore neither the trustees nor the beneficiaries could be said to have come together for a common purpose. The beneficiaries merely enjoy the benefit of the trust whereas the function of the trustees is to administe…

Shanker Trading (P) Ltd vs. The CIT

The appeals stand disposed of

ITA/253/2007HC Delhi09 Jul 2012
For Appellant: Mr Ajay Vohra and Ms Kavita JhaFor Respondent: Mr Sanjeev Sabharwal and Ms Suruchi Aggarwal
Section 201

…say that either the trustees or beneficiaries of a trust come altogether and form an association for a common purpose or to take a common action. As observed by a Division of this Court in CIT v. Sae Head Office Monthly Paid Employees Welfare Trust (2004) 271 ITR 159, the beneficiaries do not set up a trust and the trustees derive their authority under the terms of the deed of the trust. Therefore neither the trustees nor the beneficiaries could be said to have come together for a common purpose. The beneficiaries merely enjoy the benefit of the trust whereas the function of the trustees is to administe…

Shanker Trading (P) Ltd vs. The CIT

The appeals stand disposed of

ITA/251/2007HC Delhi09 Jul 2012
For Appellant: Mr Ajay Vohra and Ms Kavita JhaFor Respondent: Mr Sanjeev Sabharwal and Ms Suruchi Aggarwal
Section 201

…say that either the trustees or beneficiaries of a trust come altogether and form an association for a common purpose or to take a common action. As observed by a Division of this Court in CIT v. Sae Head Office Monthly Paid Employees Welfare Trust (2004) 271 ITR 159, the beneficiaries do not set up a trust and the trustees derive their authority under the terms of the deed of the trust. Therefore neither the trustees nor the beneficiaries could be said to have come together for a common purpose. The beneficiaries merely enjoy the benefit of the trust whereas the function of the trustees is to administe…

Shanker Trading (P) Ltd vs. The CIT

The appeals stand disposed of

ITA/361/2008HC Delhi09 Jul 2012
For Appellant: Mr Ajay Vohra and Ms Kavita JhaFor Respondent: Mr Sanjeev Sabharwal and Ms Suruchi Aggarwal
Section 201

…say that either the trustees or beneficiaries of a trust come altogether and form an association for a common purpose or to take a common action. As observed by a Division of this Court in CIT v. Sae Head Office Monthly Paid Employees Welfare Trust (2004) 271 ITR 159, the beneficiaries do not set up a trust and the trustees derive their authority under the terms of the deed of the trust. Therefore neither the trustees nor the beneficiaries could be said to have come together for a common purpose. The beneficiaries merely enjoy the benefit of the trust whereas the function of the trustees is to administe…

Shanker Trading (P) Ltd vs. The CIT

The appeals stand disposed of

ITA/223/2002HC Delhi09 Jul 2012
For Appellant: Mr Ajay Vohra and Ms Kavita JhaFor Respondent: Mr Sanjeev Sabharwal and Ms Suruchi Aggarwal
Section 201

…say that either the trustees or beneficiaries of a trust come altogether and form an association for a common purpose or to take a common action. As observed by a Division of this Court in CIT v. Sae Head Office Monthly Paid Employees Welfare Trust (2004) 271 ITR 159, the beneficiaries do not set up a trust and the trustees derive their authority under the terms of the deed of the trust. Therefore neither the trustees nor the beneficiaries could be said to have come together for a common purpose. The beneficiaries merely enjoy the benefit of the trust whereas the function of the trustees is to administe…

Shanker Trading (P) Ltd vs. The CIT

The appeals stand disposed of

ITA/246/2005HC Delhi09 Jul 2012
For Appellant: Mr Ajay Vohra and Ms Kavita JhaFor Respondent: Mr Sanjeev Sabharwal and Ms Suruchi Aggarwal
Section 201

…say that either the trustees or beneficiaries of a trust come altogether and form an association for a common purpose or to take a common action. As observed by a Division of this Court in CIT v. Sae Head Office Monthly Paid Employees Welfare Trust (2004) 271 ITR 159, the beneficiaries do not set up a trust and the trustees derive their authority under the terms of the deed of the trust. Therefore neither the trustees nor the beneficiaries could be said to have come together for a common purpose. The beneficiaries merely enjoy the benefit of the trust whereas the function of the trustees is to administe…

Shanker Trading (P) Ltd vs. The CIT

The appeals stand disposed of

ITA/53/2000HC Delhi09 Jul 2012
For Appellant: Mr Ajay Vohra and Ms Kavita JhaFor Respondent: Mr Sanjeev Sabharwal and Ms Suruchi Aggarwal
Section 201

…say that either the trustees or beneficiaries of a trust come altogether and form an association for a common purpose or to take a common action. As observed by a Division of this Court in CIT v. Sae Head Office Monthly Paid Employees Welfare Trust (2004) 271 ITR 159, the beneficiaries do not set up a trust and the trustees derive their authority under the terms of the deed of the trust. Therefore neither the trustees nor the beneficiaries could be said to have come together for a common purpose. The beneficiaries merely enjoy the benefit of the trust whereas the function of the trustees is to administe…

Shanker Trading (P) Ltd vs. The CIT

The appeals stand disposed of

ITA/1191/2008HC Delhi09 Jul 2012
For Appellant: Mr Ajay Vohra and Ms Kavita JhaFor Respondent: Mr Sanjeev Sabharwal and Ms Suruchi Aggarwal
Section 201

…say that either the trustees or beneficiaries of a trust come altogether and form an association for a common purpose or to take a common action. As observed by a Division of this Court in CIT v. Sae Head Office Monthly Paid Employees Welfare Trust (2004) 271 ITR 159, the beneficiaries do not set up a trust and the trustees derive their authority under the terms of the deed of the trust. Therefore neither the trustees nor the beneficiaries could be said to have come together for a common purpose. The beneficiaries merely enjoy the benefit of the trust whereas the function of the trustees is to administe…

Shanker Trading (P) Ltd vs. The CIT

The appeals stand disposed of

ITA/482/2008HC Delhi09 Jul 2012
For Appellant: Mr Ajay Vohra and Ms Kavita JhaFor Respondent: Mr Sanjeev Sabharwal and Ms Suruchi Aggarwal
Section 201

…say that either the trustees or beneficiaries of a trust come altogether and form an association for a common purpose or to take a common action. As observed by a Division of this Court in CIT v. Sae Head Office Monthly Paid Employees Welfare Trust (2004) 271 ITR 159, the beneficiaries do not set up a trust and the trustees derive their authority under the terms of the deed of the trust. Therefore neither the trustees nor the beneficiaries could be said to have come together for a common purpose. The beneficiaries merely enjoy the benefit of the trust whereas the function of the trustees is to administe…