1933 (11) TMI 29

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....essee : K. P. Jayaswal , C. S. Jayaswal 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 ....

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....r as his income. 2. The argument has been raised on behalf of the assessee that in as much as all excess of royalty over and above Rs. 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 tha....