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    <title>1974 (8) TMI 12 - BOMBAY High Court</title>
    <link>https://www.taxtmi.com/caselaws?id=39129</link>
    <description>A right to receive a defined share of managing agency commission was treated as an actionable claim capable of assignment. After the assessee executed a deed of gift transferring that right to his two daughters in equal shares, and intimation was given to the company, the right to receive the commission stood diverted to the daughters to the assessee&#039;s entire exclusion. Applying the distinction between diversion of income at source and mere application of income after accrual, the commission did not first accrue as the assessee&#039;s income after the transfer. It was therefore not assessable in his hands for the years in question.</description>
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    <pubDate>Fri, 16 Aug 1974 00:00:00 +0530</pubDate>
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      <title>1974 (8) TMI 12 - BOMBAY High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=39129</link>
      <description>A right to receive a defined share of managing agency commission was treated as an actionable claim capable of assignment. After the assessee executed a deed of gift transferring that right to his two daughters in equal shares, and intimation was given to the company, the right to receive the commission stood diverted to the daughters to the assessee&#039;s entire exclusion. Applying the distinction between diversion of income at source and mere application of income after accrual, the commission did not first accrue as the assessee&#039;s income after the transfer. It was therefore not assessable in his hands for the years in question.</description>
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      <law>Income Tax</law>
      <pubDate>Fri, 16 Aug 1974 00:00:00 +0530</pubDate>
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