1942 (5) TMI 3

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....an application under Section 66(3) of the Indian Income-tax Act praying that the Commissioner of Income-tax, Bombay Presidency, Sind and Baluchistan, may be required to state a case and refer the questions of law arising therefrom to this Court. The questions of law which were propounded by the applicant to the Commissioner under Section 66(2) of the Act are contained at page 25 of the paper bo....

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....w of the fact that in that year he had acquired property in British India worth nearly Rs. 22,000, his statement of the amount of remittances received from Java was not accepted and the figure of remittances received by him for that year was taken for the purpose of taxation at Rs. 10,500. In the year 1936-37 he was taxed on remittances received from Java amounting to Rs. 8,500. In this return for....

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...., an assertion which has been accepted by the Income- tax authorities. But it is plain from the admitted facts of receipts of remittances, not only during the income-tax year 1936-37 immediately following the closure of the shop, but also in the succeeding year that, even if, to follow the well known metaphor used by the learned Advocate, the tree had died the fruits thereof have remained in cold ....

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....of evidence that this amount had been spent. It is not one of the five points on page 25 of the paper book that the Income-tax Officer and the Assistant Commissioner were wrong in holding that this amount was a receipt of capital and not a receipt of income; but the learned Advocate when asked to explain what points of law exist upon which a reference could be made suggested that one of them was, ....