TMI Blog1933 (11) TMI 29X X X X Extracts X X X X X X X X Extracts X X X X ..... roprietor of a certain mine producing coal and fireclay. In the month of June 1920, the 1 ate proprietor of the mine owed a sum of four lakhs of rupees to a company. By March 15, 1921, the amount due to the company including the first loan and a subsequent loan amounted to ₹ 12,19,071 and to secure the re-payment of this sum the proprietor mortgaged the mine to the company on that date. On t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reliance was placed upon the judgment of the Privy Council in Be joy Singh Dudhuria v. Commissioner of Income-tax Bengal. In that case the assessee had inherited an estate, the income of which was charged with a payment to his mother and it was held that the amount of the income payable to the lady was not part of the income of the assessee. It was specifically stated in the judgment of their Lord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the lessee. It cannot be argued that in such a case the whole of the income would not have to be considered as the income of the assessee and the case in question does not differ from that in its nature. In our opinion the assessee has rightly been assessed in respect of the income in question. The assessee must pay the costs of this inquiry. Hearing fee five gold mohurs. Kulwant Sahay, J. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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