COMMISSIONER OF INCOME TAX Vs. SUBRAMANIAN BROTHERS

JUDGEMENT

(1.) PURSUANT to the direction given by this Court in T. C. P. No. 5 of 1982, dt. 26th April, 1982, the Tribunal, Madras, has stated a case and referred the following questions of law for the opinion of this Court under s. 256(2) of the IT Act, 1961 :

(2.) WHETHER, on the facts and in the circumstances of the case, the Tribunal's view that the commission of Rs. 23,293 received by the firm was not the income of the assessee-firm as there was overriding title in respect of such commission is sustainable in law ?"

(3.) APPLYING the tests laid down by the Supreme Court, it is clear that the assessee acted as a collector of others' income, because by virtue of an overriding title the income was diverted even before it was received by the assessee.