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    <title>1943 (9) TMI 16 - HIGH COURT OF BOMBAY</title>
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    <description>Under the proviso to Section 66(2), a question of law common to an earlier appellate order and a revisional order was not referable from the revisional order where the Commissioner merely affirmed the subordinate decision after hearing the parties on merits. The proper reference lay from the appellate order itself, so the revisional order was not referable on that common question. On the exemption issue, interest on securities was held to be taxable because it was receivable and actually received when ownership vested in the assessee, and no finding supported the alleged earlier oral charitable trust. The interest was therefore included in total income and not exempt as charitable trust income.</description>
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    <pubDate>Mon, 27 Sep 1943 00:00:00 +0630</pubDate>
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      <title>1943 (9) TMI 16 - HIGH COURT OF BOMBAY</title>
      <link>https://www.taxtmi.com/caselaws?id=292990</link>
      <description>Under the proviso to Section 66(2), a question of law common to an earlier appellate order and a revisional order was not referable from the revisional order where the Commissioner merely affirmed the subordinate decision after hearing the parties on merits. The proper reference lay from the appellate order itself, so the revisional order was not referable on that common question. On the exemption issue, interest on securities was held to be taxable because it was receivable and actually received when ownership vested in the assessee, and no finding supported the alleged earlier oral charitable trust. The interest was therefore included in total income and not exempt as charitable trust income.</description>
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      <pubDate>Mon, 27 Sep 1943 00:00:00 +0630</pubDate>
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