Absolute debutter and diversion at source principles governed the deity's income and ancillary expenditure treatment.

A will that repeatedly used expressions of dedication and debutter was construed as making an absolute dedication of the estate to the deity, with references to shebaits, trustees and ancillary religious or charitable directions treated as matters of management rather than retention of beneficial ownership by the family. On the income question, amounts directed to be spent on shebaits, their families, horses, carriages and similar objects were not regarded as diverted at source, because the income first reached the deity and was then applied in accordance with the directions. Only sums falling within the statutory charitable exemption, and amounts already conceded, were excluded from assessment.

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Issues: (i) Whether, on a proper construction of the will, the entire estate was dedicated as an absolute debutter in favour of the deity or only a partial dedication with the deity entitled to a limited beneficial interest; (ii) whether the amounts directed to be spent on the shebaits, their families, horses, carriages and similar objects were diverted at source by overriding title and were therefore not includible in the deity's total income.

Issue (i): Whether, on a proper construction of the will, the entire estate was dedicated as an absolute debutter in favour of the deity or only a partial dedication with the deity entitled to a limited beneficial interest.

Analysis: The will repeatedly used words of dedication and debutter in respect of the properties, and the surrounding clauses showed that the testator intended the deity to be the central beneficiary. The references to shebaits, trustees and incidental secular or charitable directions were treated as expressions of management and administration rather than as reserving the beneficial ownership in the family. Reading the document as a whole, the directions for religious, charitable and ancillary purposes were held to be subordinate to the dominant dedication to the deity.

Conclusion: The estate was held to have been dedicated as an absolute debutter in favour of the deity, and the deity was treated as the owner of the dedicated properties.

Issue (ii): Whether the amounts directed to be spent on the shebaits, their families, horses, carriages and similar objects were diverted at source by overriding title and were therefore not includible in the deity's total income.

Analysis: The controlling test was whether the amounts never reached the assessee as income or whether they were first received and then applied to meet obligations. The relevant clauses directed the shebaits and trustees, after receipt of the debutter income, to apply it for the specified purposes. The directions did not create an overriding charge that diverted the income before it accrued; they imposed obligations for application after receipt. The charitable expenditure connected with poor feeding and similar public purposes remained exempt under the statutory provision, but the payments to shebaits and the other ancillary expenses were not excluded on the footing of diversion at source.

Conclusion: The amounts directed to be spent on the shebaits, their families, horses, carriages and similar objects were not diverted at source and were includible in the total income of the deity, subject to exclusion only of amounts falling within the charitable exemption.

Final Conclusion: The appeals succeeded, the reference was answered in favour of the Revenue, and only the income covered by the statutory charitable exemption, together with the amounts already conceded by the department, stood excluded from assessment.

Ratio Decidendi: Where a will makes an out-and-out dedication to a deity, ancillary directions for payment of remuneration, maintenance and other charges do not negate absolute debutter; however, amounts are excluded from taxable income only when they are diverted before reaching the assessee, and not when they are merely applied after receipt in discharge of the settlor's directions.

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