1954 (4) TMI 2 - SUPREME COURT

Whether under the terms of the agreement the petitioner is an employee of the Mills Company or is carrying on business ?

Whether the remuneration received from the Mills is on account of service or is the remuneration for business ?

Held that:- All the factors taken into consideration along with the fixity of tenure, the nature of remuneration and the assignability of their rights, are sufficient to enable us to come to the conclusion that the activities of the appellants as the agents of the company constituted a business and the remuneration which the appellants received from the company under the terms of the agency agreement was income, profits or gains from business. Appeals dismissed.