M/S.VENKATACHALA IYER & CO.,TRIVANDRUM vs. DCIT,CIR-1,, TRIVANDRUM
In the result, the appeal filed by the assessee is allowed
ITA 90/COCH/2018[2010-11]Status: DisposedITAT Cochin01 Mar 2019AY 2010-11
Bench: Shri Chandra Poojari, Am & Shri George George K, Jm
For Appellant: Sri. T.V.HariharanFor Respondent: Smt.A.S.Bindhu, Sr.DR
Section 143(1)Section 143(2)Section 143(3)Section 37
…legal obligation and the amount never was received by the assessee-firm as its income but was diverted at source. The Hon’ble Bombay High Court relied on the following judicial pronouncements in reaching the above conclusion :- (i) CIT v. G.Basu & Co. (1990) 182 ITR 472 (Cal.); (ii) V.N.N.Devarajulu Chetty & Co. v. CIT (1950) 18 ITR 357 (Mad); and (iii) CIT v. Crawford Bayley & Co. (1977) 106 ITR 844 (Bom.) 8.3 Thus, in case of diversion of income by overriding title the obligation is imposed on the source while in case of application of income, the obligation is on the receiver of income. Diversion of income a…