https://www.taxtmi.com/caselaws?id=277045 Section 34 of the Indian Income-tax Act, 1922 could validly be invoked where an item had escaped assessment through an error in the original assessment, so the reopening was upheld. Sums directed by a will to be paid out of income were treated as income received by the executors and then applied in accordance with the testamentary direction, not as income diverted before accrual by an overriding title. The diversion argument, including the reliance on Section 40, therefore failed, and the amounts remained taxable in the hands of the executors. en-us Wed, 20 Dec 1939 00:00:00 +0530 Thu, 22 Nov 2018 17:57:07 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=277045 Section 34 of the Indian Income-tax Act, 1922 could validly be invoked where an item had escaped assessment through an error in the original assessment, so the reopening was upheld. Sums directed by a will to be paid out of income were treated as income received by the executors and then applied in accordance with the testamentary direction, not as income diverted before accrual by an overriding title. The diversion argument, including the reliance on Section 40, therefore failed, and the amounts remained taxable in the hands of the executors. Case-Laws Income Tax Wed, 20 Dec 1939 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=277045