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1959 (5) TMI 7 - SUPREME COURTWhether the sums of ₹ 1,98,643 and ₹ 4,96,365 being the amounts of the cheques received by the appellant for the goods supplied to the Government of India amounted to receipt of income, profits and gains in British India during the said accounting years inasmuch as the said cheques were drawn on banks in British India and were liable to tax? Held that:- The appellant could not have intended that the cheques would be sent otherwise than by post and it was not the case of the appellant that the cheques received from the Government were delivered by hand on behalf of the Government to the appellant at Baroda and following the decision of this court in Commissioner of Income-tax v. Ogale Glass Works Ltd.[1954 (4) TMI 3 - SUPREME Court] the Tribunal correctly held that the amounts of the cheques referred to above were received by the appellant in the taxable territories and as such the appellant was liable to tax under section 4(1)(a) of the Act. Appeal dimissed.
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