1973 (3) TMI 5

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....EGDE J.--This is an appeal by certificate. It has a long history. The assessment with which we are concerned relates to the assessment year 1943-44. This case along with other cases appear to have come in this court earlier and the matter was remanded to the High Court for disposal in accordance with the directions given by this court. Thereafter, the High Court called for a supplementary statemen....

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....its earned by those sales are taxable in British India. The Tribunal came to the conclusion that the sales were effected at Bhilwara. The title to those properties sold passed to the purchasers at Bhilwara itself. The goods were put on rail at Bhilwara and the railway receipts were taken in the names of the consignees and sent to them by post. It cannot be disputed that the purchasers became th....

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.... is a finding of fact. The mere fact that the banker was also a banker of the assessee does not go to show that the banker realised the amount as agent of the assessee. The department appears to have failed to establish the fact that the banker functioned as the agent of the assessee. If the banker had functioned as the agent of the purchaser, then it cannot be said that any part of the income was....