1933 (11) TMI 29

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ayaswal And S. M. Gupta JUDGMENT COURTNEY-TERRELL, C.J.-- 1. This is a case stated under Section 66, Sub-section (2), Income-tax Act, for the opinion of the Court. The facts which have given rise to the case are simply stated. The assessee is the proprietor of a certain mine producing coal and fireclay. In the month of June 1920, the 1 ate proprietor of the mine owed a sum of four lakhs of rupe....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....argument has been raised on behalf of the assessee that in as much as all excess of royalty over and above ₹ 8,000 was retained by the lessee-mortgagees and did not come into the hands of the assessee, it could not be considered as income and reliance was placed upon the judgment of the Privy Council in Be joy Singh Dudhuria v. Commissioner of Income-tax Bengal. In that case the assessee had....