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    <title>1965 (11) TMI 36 - Supreme Court</title>
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    <description>Where contractual terms and course of dealing show that payment was to be made by crossed cheque sent by post, an implied agreement may treat the post office as the creditor&#039;s agent for receipt. On that basis, receipt occurs when the cheque is posted in British India, not when it is later encashed or credited through banking channels, and the sale proceeds are taxable as income received in British India. A broadly framed reference question may also allow the revenue to rely on that agency basis before the High Court even if the point was not specifically argued before the Tribunal.</description>
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    <pubDate>Fri, 19 Nov 1965 00:00:00 +0530</pubDate>
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      <title>1965 (11) TMI 36 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=49291</link>
      <description>Where contractual terms and course of dealing show that payment was to be made by crossed cheque sent by post, an implied agreement may treat the post office as the creditor&#039;s agent for receipt. On that basis, receipt occurs when the cheque is posted in British India, not when it is later encashed or credited through banking channels, and the sale proceeds are taxable as income received in British India. A broadly framed reference question may also allow the revenue to rely on that agency basis before the High Court even if the point was not specifically argued before the Tribunal.</description>
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      <pubDate>Fri, 19 Nov 1965 00:00:00 +0530</pubDate>
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