Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Indian Income-tax Act (XI of 1922) s. 42(1) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Income-tax Act, 1922 (11 of 1922) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | A Hindu undivided family was carrying on business in Bombay, Madras and the Mysore State, being treated as a single assessee and its relevant accounting period was 10th October, 1941, to 8th November, 1942. During this period, the Mysore branch purchased goods from the Bombay head office and the Madras branch of the value of Rs. 2 lakhs odd. The Income tax Officer estimated these purchases of the Mysore branch in British India at Rs. 3 lakhs and its profits at Rs. 75,000 on the sale of these goods )n Mysore. In view of the provisions of s. 42 of the Indian Income-tax Act, half of this profit, i.e., to the extent of Rs. 37,500, was deemed to accrue or arise in British India because of the business connection of the non-resident branch in British India |
Judge | Honble Mr. Justice Mehr Chand Mahajan |
Neutral Citation | 1953 INSC 94 |
Petitioner | Commissioner Of Income-tax/excess Profits Tax, Bombay City |
Respondent | Messrs. Bhogilal Laherchand Including Batliboi & Co., Bombay. |
SCR | [1954] 1 S.C.R. 444 |
Judgement Date | 1953-12-18 |
Case Number | 160 |
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