1940 (2) TMI 16

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....h, J. The assessee in this case is the manager of a Hindu undivided family residing at Kanadukathan in the Ramnad District. The family derives income from property and business in money-lending at Kanadukathan and also at Okkan in Burma and Klang and Malacca in the Federated Malay States. For the year of assessment 1936-37, the petitioner returned a loss of Rs. 13,828. The Income Tax Officer ha....

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....struction of Section 4 (2) the following sums were rightly included in the petitioners total income namely, (a) $ 5,165 being the amount credited to the folio of K.S.P.L.S.T. (b) $ 6,290 being the amount debited to the M. V. K. account. (c) Rs. 1,000 being the amount utilised for the purchase of shares in the Udumalpet Sri Venkatesa Mills Ltd." The assessee is now con....

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....t the statement of the assessee that this remittance represented a loan to the aduthal, but the statement was accepted by the Assistant Commissioner on appeal. On the 9th February 1936, the sum of $ 5,000 was remitted from Malacca to Sigappi Achi. This remittance was made by a hundi drawn by the M.C.T.M. Banking Corporation Ltd. of Kualalampur on its branch at Pudukotta. On 23rd March 1936 a furth....

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....ia. This contention cannot be accepted. It is true that these remittances were paid for from out of the profits which had accrued to the Malacca branch; but the moneys were never received in British India. They were paid direct to Sigappi Achi transferred the money to the assessee in British India. Unless profits made abroad are received in British India there can be no question of taxation her....