Home Case Index All Cases Income Tax Income Tax + SC Income Tax - 1964 (4) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
1964 (4) TMI 20 - SUPREME COURTWhether the order of January 18, 1947, is a law? Held that:- As we have come to the conclusion that the order of January 18, 1947, is not a law, we think it unnecessary to consider whether if it was a law it could be said to have been repealed by the extension of the Income-tax Act read with section 13 of the Finance Act, 1950, to the State of Madhya Bharat. We are, therefore, of opinion that in the first place the agreement of February 25, 1950, on which the company relies with respect to concessions to corporations must be deemed to have been entered under article 295(1)(b), and not under article 278(1)(a). In the second place, article 278(1)(a) merely contemplates an agreement between the Centre and Part B States with respect to levy, collection and distribution of public revenues which are leviable by the Government of India and has nothing to do with any contract between a former Indian State and another person with respect to such revenues which may have become the obligation of the Government of India under article 295(1)(b). The company, therefore, cannot rely on the agreement of February 25, 1950, in this connection and contend that the agreement of April 7, 1947, was binding for at least ten years thereunder. We are, therefore, of opinion that the view taken by the High Court is incorrect. Appeal allowed.
|