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    <title>1955 (8) TMI 50 - CALCUTTA HIGH COURT</title>
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    <description>Commission that had actually become due was chargeable in the year of accrual, not in the year of later withdrawal, under section 7 of the Income-tax Act, 1922. The provision was construed as distinguishing between amounts due in fact and sums brought in by the statutory fiction for advances or similar payments, and it did not leave any election between accrual and receipt to either the assessee or the tax authority. Applying that construction, sums withdrawn in the assessment years 1943-44 and 1944-45 were held to relate to earlier years when they became due; the 1948-49 amount was not shown to be arrears of earlier commission, and only the part of the 1949-50 withdrawal linked to earlier earned commission remained taxable on that basis.</description>
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    <pubDate>Tue, 16 Aug 1955 00:00:00 +0530</pubDate>
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      <title>1955 (8) TMI 50 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=288820</link>
      <description>Commission that had actually become due was chargeable in the year of accrual, not in the year of later withdrawal, under section 7 of the Income-tax Act, 1922. The provision was construed as distinguishing between amounts due in fact and sums brought in by the statutory fiction for advances or similar payments, and it did not leave any election between accrual and receipt to either the assessee or the tax authority. Applying that construction, sums withdrawn in the assessment years 1943-44 and 1944-45 were held to relate to earlier years when they became due; the 1948-49 amount was not shown to be arrears of earlier commission, and only the part of the 1949-50 withdrawal linked to earlier earned commission remained taxable on that basis.</description>
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      <pubDate>Tue, 16 Aug 1955 00:00:00 +0530</pubDate>
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