Thursday, September 20, 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

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