Thursday, 20 September 2012

Concept of "diversion of income by overriding title" explained

Shroff Eye Centre vs. ACIT (ITAT Delhi)
As there was an absolute contractual obligation imposed on the continuing firm/partners by the partnership deed to pay an amount of 2% of the gross receipts subject to maximum of 3 lacs pa to the legal heir of the deceased partner, it was a first charge on the receipts of the continuing firm/partners and constituted a diversion of income by overriding title

No comments:

Government amends CGST Rules and issues further clarifications w.r.t. Amnesty scheme under GST

  This Tax Alert summarizes the recent Notification [1] and Circular [2] issued by Central Board of Indirect Taxes and Customs (CBIC) addr...