10 February 2025
a pvt.discretionary trust is partner in a partnership firm, trust received 80 lakhs as share of prift as it was partner in firm (claimed exmpt).
same amount was given by trust to individual beneficiary of the trust,
if a pvt.disc. trust gives a cheqe to its benefeciaries, i think its distrubtion of capital,, hence not taxable in beneferias's hands.
but AO taxed in beneficiarie's hands stating , pvt. disc. trust earned exempt income which it distribtuted to its beneficiary and hence, as beneficiary is not directly earning exempt income as partner in firm, its taxable in beneficiary as other source income.
my view--> trust has just distributed capital , where is it income of the beneferciary? is ao right?