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Diversion of income

This query is : Resolved 

11 March 2014 I need help regarding a case... a property has been gifted by a grandmother to her grandson...the property generates income and a MOU has been signed that untill the grandmother is alive, the income generated will be transfereed to her and not the grandson....in whose hands should the income on property be taxed the grandmother or the grandson??

Does this lead to diversion of income?

11 March 2014 it will be clubbed in the hands of grandson and if he is minor then in the hands of that parent which is earning higher income excluding this income.

11 March 2014 Can the grandson override title of such income ?

11 March 2014 no...as it is legally transfered via gift then how can he?

11 March 2014 So u mean to say, the MOU will be application of income and not diversion of income.. right?

11 March 2014 yes it is application of income as per MOU cos first income is rec by granson and then as per mou it goes to granny.


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