1952 (1) TMI 25

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....issioner : S. C. Das JUDGMENT Malik, CJ. In this reference under Section 66(1) of the Indian Income-tax Act the following question has been referred to us:- "Whether on the facts stated there was any evidence to prove that the expenditure to the tune of Rs. 1,39,561 on account of purchase of coal was incurred before 31st October, 1943, and that the liability of the assessee to pa....

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....ived after 31st October, 1943, i.e., in the relevant account year. There was a coal crisis in Kanpur in 1943 and as a result of the coal crisis the various firms situate there entered into a pool association and it was the duty of this association to allot to each firm coal necessary for its requirements. Such allotments were made periodically. The assessee claimed that it was the association whic....

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....m the pooling association of which it was one of the members within 31-10-43 when coal had been received in June, July and August, 1943. The expenses were definitely incurred before 31-10-43 and the liability to pay the sum could be easily ascertained if the assessee company had cared to do so." Under Section 32 of the Indian Sale of Goods Act (III of 1930) unless otherwise agreed, delivery of ....