Supreme Court · 2002 INSC 528 · Decided 10 December 2002
Commissioner of Income Tax v. Sunil J. Kinariwala
- Court
- Supreme Court of India
- Citation
- 2002 INSC 528 · [2002] SUPP. 4 S.C.R. 650
- Case number
- CIVIL APPEAL No. 1899/2002
- Decided
- 10 December 2002
- Bench
- S.S.M. QUADRI, K.G. BALAKRISHNAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Income Tax Act Section 60, 256(2)
Headnote
Income Tax Act, 1961; Sections 60 and 256(2): Assessee, a partner in a firm assigned part of his share income to a Trust-Tribunal held the income so assigned to Trust would be included in the total income of the assessee for the purpose qf assessment-High Court reversing the same-On appeal held, assigner partner as assignee and not as a sub-partner it is a case of application of income by the assessee and not diversion qf income by. over riding title-Such share of income of assessee of the firm could be included in total income for the purpose of assessment-!ndia11 Partnership Act-Section
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)