Supreme Court of India

Mazagaon Dock Ltd. v. The Commissioner of Income-tax and Excess Profits Tax

Neutral citation
Reported as [1959] 1 S.C.R. 848
Bench T.L. Venkatarama Aiyyar, P.B. Gajendragadkar and A.K. Sarkar JJ.
Decided 12 May 1958

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

5 Supreme Court benches have cited this judgment.

What the Court ordered

In the result, the appeal fails and is dismissed with costs. • Appeal dismissed . (1) [1892]• 3 Tax Cas. 158. (2) (1938] 6 I.T.R. 434 . • (3) [1888] 3 Tax Cas. 105. l 1 .. I j

Judgment, page 13

From the headnote

Income Tax-Non-resident carrying on business with resident­ N o profit accruing from dealings between them-Assessment of resi­ dent-Validity-" Business", meaning of-Indian Income-tax Act, I922 (II of I922), S. 42(2). Under s. 42(2) of the Indian Income-tax Act, 1922, "Where a person not resident or not ordinarily· resident in the taxable territories carried on business with a person resident in the tax­ able territories, and it appears to the Income-tax Officer that owing to the close connection between such persons the• course of business is so arranged that the business done by the resident

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