TMI Blog1923 (1) TMI 4X X X X Extracts X X X X X X X X Extracts X X X X ..... business carried on at Raichur by directing its policy, fixing the rates to be charged for the work done there, examining its accounts and issuing divident warrants in respect of the profits earned. The only other thing that, it would appear, is done in British India is the receipt of some money for the purpose of the office expenditure at Bellary and possibly, though it is not clear on the statement, the receipt, of some money which is occasionally used for the payment of dividend warrants at Bellary though, by the terms of the dividend warrants, they are payable only at the office of the treasury at Raichur. 2. The question referred to us is whether the Company can be assessed to Income-tax on the whole of its profits for the year, it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere not liable to Income-tax. I agree with that decision, which governs this case, and I have nothing to add to the reasons given by Macleod, C.J. in that case. I think that this case really is also covered by the ruling of this Court in Board of Revenue Madras v. Ramanathan Chetty (1919) I.L.R. 43 Mad. 75. There is a recent reported case Sundara Doss v. Collector of Guzarat (1922) I.L.R. 3 Lah. 349, where it was held that where a man carried on business outside the part of India to which the Income-tax Act applies, earned his profits there, and then had them remitted to him in India where he resided, that money was not received in India. It was pointed out that it had been received outside and had remained in the possession, actual or cons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to do with the shareholders in their individual capacity. So far as the Company is concerned, the only material matter is the receipt of the income and that income was received at Raichur. If some of it came to Bellary and was actually used to pay dividends, that is no reason why we should assume that what was done in Bellary was anything more than the distribution of what was already the Company's income and was payable as of right in accordance with the arrangements made by the Company to the shareholders only at Raichur outside British territory. It is not necessary for us, and it is not possible on the facts before us, to say whether payment in the cases referred to in the reference was made at Bellary by the officers of the Compan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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