Diversion of income

1652 views 3 replies

I am inherited with a residential property from my mother which is now being let out. However the rental income is enjoyed by my mother, and I have made an agreement for transfering the rental income for the benefit of my mother. Now do I need to pay tax under income from house property for such rental income? or is it my mother who have to pay tax?. Can u please refer any case law if any similar to this?

 

Thanks in advance

Replies (3)
This is case of divergences of income with Over riding title hence it will not be treatedas your income but will be considered as income of beneficiary There are some case laws on this. For tds you should disclose this while entering into agreement otherwise tds certificate will be in your name so clear it in agreement itself

Can you please give me the link to such case laws or give me link to the database where I can get such case laws?

thanks

Am away from my system for a few days. It will take a few days but there are case on it one of it is from pgbp where partnership firm was supposed to give certain sum to wife of deceased partner for carrying on the profession of deceased . I hope others will be able to cite before I get to my system. But do give declaration to this effect at the time of making agreement

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 08 June 2026
Internal & Taxation Article

O P Bagla & Co LLP

New Delhi

CA Inter

View Details
Company
29 May 2026
Finance Head

Bhawar Sales Corporation

Chennai

Graduate (Any)

View Details
Company
Featured 28 May 2026
SEMI QUALIFIED/ CA DROPOUTS/ ARTICLES

T R SOOD & CO

New Delhi

CA Inter

View Details
Company
24 June 2026
Chartered Accountant - GST & Direct Tax

APL

Mumbai

CA

View Details
Company
20 June 2026
Chartered Accountant

ANV & Company

New Delhi

CA

View Details
Company
Featured 15 June 2026
Senior Auditor

N. Dhawan & Co

New Delhi

CA Inter

View Details
Company
24 June 2026
Chartered Accountant

CA Darshita Shah & Co

Nadiad

CA

View Details
Company
24 June 2026
HEAD - AUDIT AND TAXATION

A R JADHAV AND ASSOCIATES

Mumbai

CA Inter

View Details