Privy Council Court October 1947 Judgments

Govindram Seksaria a Firm and Another Vs. Edward Radbone

Court: Privy Council

Reported in: AIR1948PC56

Lord Morton of Henryton: This is an appeal from a decree of the High Court of Judicature at Bombay, dated 4 - 12 - 1944, made in its appellate jurisdiction, setting aside the decree of that Court dated 10 - 4 - 1944, made in its original jurisdiction, and giving judgment for the respondent for rs. 99,043. The history of the case begins with a contract made on 9 - 9 - 1938, between the first appellants of the one part and Francke Werke A.G. of Bremen, Germany, and Hansa (India) Trading Company Limited of Bombay {therein and hereinafter referred to as "the sellers") of the other part. By the contract the first appellants agreed to buy, and the Sellers agreed to sell, certain machinery with all the necessary accessories, as specified in sch. A to the contract, for a complete oil refining and hydrogenating plant. 2. The relevant terms of the contract may be summarised as follows: (i) By Cl. 1 it was provided that the delivery by the sellers was to consist of the machinery, etc., specified ...

Commissioner of Income - Tax, West Punjab, North - West Frontier and D ...

Court: Privy Council

LORD SIMONDS: This appeal is brought from a judgment of the High Court of Judicature at Lahore dated 23 - 3 - 1944, which was delivered on a reference made by the Commissioner of Income - tax, West Punjab, N W. F. and Delhi Provinces under S. 66 (3), Income - tax Act (11 of 1922) pursuant to a mandamus issued by the same Court on 3 4 1941. [2] The appeal raises somewhat complicated questions of procedural and substantive law and it is necessary to state the facts at some length. [3] The respondent, the Tribune Trust, which will generally be referred to as "the respondent," was created by one Sardar Dayal Singh in the year 1898 and it appears to have been assessed to, and to have paid, income - tax on the income, profits or gains of its property, from the year 1917 - 18 to the year 1931 - 32. But in respect of its assessment for the year 1932 - 33 it raised an objection on the ground that it was exempt from taxation by virtue of S. 4 (3) (i), Income - tax Act already mentioned, which pr...