https://www.taxtmi.com/caselaws?id=38432 Executors' post-death receipt of commission under the deceased's pre-existing agreement was treated as capital, not income. The payment arose from contractual rights already earned by the deceased and was received by the executors only on the agreement's terms after death, without any profit-making activity by them. Because the amount was attributable to services rendered before death and had also been treated as part of the estate in separate litigation, with estate duty paid on that basis, it was characterised as an estate asset. It was therefore not assessable as the executors' income for the relevant assessment year. en-us Thu, 11 Nov 1976 00:00:00 +0530 Tue, 06 Apr 2010 11:52:16 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=38432 Executors' post-death receipt of commission under the deceased's pre-existing agreement was treated as capital, not income. The payment arose from contractual rights already earned by the deceased and was received by the executors only on the agreement's terms after death, without any profit-making activity by them. Because the amount was attributable to services rendered before death and had also been treated as part of the estate in separate litigation, with estate duty paid on that basis, it was characterised as an estate asset. It was therefore not assessable as the executors' income for the relevant assessment year. Case-Laws Income Tax Thu, 11 Nov 1976 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=38432