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    <title>1972 (4) TMI 1 - Supreme Court</title>
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    <description>A managing director&#039;s commission was held taxable as salary where the articles of association and appointment terms showed a contract of service under the company&#039;s control. The court treated the decisive inquiry as the true nature of the relationship, including the company&#039;s supervisory power, the managing director&#039;s duty to follow board decisions, limits on his authority, and the power to terminate the appointment for unsatisfactory conduct. A managing director may have a dual character, but where the contractual terms disclose employment rather than independent business activity, the remuneration is salary. The commission was therefore assessable under section 7 and not as business income under section 10.</description>
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    <pubDate>Fri, 28 Apr 1972 00:00:00 +0530</pubDate>
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      <title>1972 (4) TMI 1 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=6354</link>
      <description>A managing director&#039;s commission was held taxable as salary where the articles of association and appointment terms showed a contract of service under the company&#039;s control. The court treated the decisive inquiry as the true nature of the relationship, including the company&#039;s supervisory power, the managing director&#039;s duty to follow board decisions, limits on his authority, and the power to terminate the appointment for unsatisfactory conduct. A managing director may have a dual character, but where the contractual terms disclose employment rather than independent business activity, the remuneration is salary. The commission was therefore assessable under section 7 and not as business income under section 10.</description>
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      <pubDate>Fri, 28 Apr 1972 00:00:00 +0530</pubDate>
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