Income Diversion by Overriding Title: Funds Must Be Credited Back, Not Used at Personal Discretion.

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....Diversion of income by overriding title - The assessee may be trustee of that fund but it cannot apply the fund as per his own will. The interest, if any, earned on this fund is also to be credited to that fund - It is therefore, clear that funds stand diverted at the source and therefore, this cannot be considered as an appropriation of income but it is an expenditure - AT....