Supreme Court of India

The Commissioner of Income-tax, Bombay City Ii v. Shri Sitaldas Tirathdas

Neutral citation
Reported as [1961] 2 S.C.R. 634
Bench J.L. Kapur J.
Decided 24 November 1960
Status Distinguished

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

16 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that the question refer­ red to the High Court ought to have been answered in the negative.

Judgment, page 10

From the headnote

Income-fax-Maintenance payable to wife and children under decree-Whether deductible from total income. consent decree was passed against the assessee a warding maintenance to his wife and children. The decree did not create any charge upon the income of the assessee. The assessee claimed in the assessment of income tax deduction of the am­ ount paid under the decree from his total income. Held, that the assessee was not entitled to the deduction. Where by the obligation income was diverted by an overriding title before it reached the assessee, it was deductible; but where the income was

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