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Issues Involved:
1. Maintainability of the suit. 2. Validity of the impugned provisions of the Indian Income-tax Act. Issue-wise Detailed Analysis: 1. Maintainability of the Suit: The primary objection to the maintainability of the suit was based on Section 226 of the Constitution Act, which states, "Until otherwise provided by Act of the appropriate legislature, no High Court shall have any original jurisdiction in any matter concerning the revenue, or concerning any act ordered or done in the collection thereof according to the usage and practice of the country or the law for the time being in force." The government contended that the present suit fell within the description "matter concerning the revenue" in the above provision. The High Court held that a matter could be held to concern revenue only when the law under which the revenue was claimed was itself valid. They concluded that the relevant provisions of the law were invalid, thus the suit related to an illegal exaction rather than revenue. The Chief Justice stated, "In order to decide whether the money has been demanded and paid legally, the Court must first determine whether the impugned legislation is valid or not." The Federal Court disagreed with the High Court's interpretation, stating that the plea under Section 226 is in the nature of a demurrer, and it is anomalous to hold that the decision of such a plea should be postponed till after, and be made to depend upon, the decision of the case on the merits. The Federal Court emphasized that Section 226 applies to all cases where parties bona fide believe they are acting in pursuance of statutes and according to law. Therefore, the Federal Court concluded that the suit was not maintainable. 2. Validity of the Impugned Provisions of the Indian Income-tax Act: The impugned provisions were Section 4(1)(c) and Explanation 3 to Section 4(1) of the Indian Income-tax Act, which were challenged as being beyond the law-making powers of the Indian Legislature. The High Court declared these provisions void and directed the refund of the sum paid under protest. The Federal Court examined whether the provisions were extra-territorial in their operation and if so, whether such extra-territorial operation rendered them invalid. The Court concluded that the provisions were not extra-territorial. It was argued that the legislature attempted to tax only such income as had its source in British India, which was within the territorial jurisdiction of the British Indian Legislature. The Federal Court also considered the alternative contention that even if the provisions had extra-territorial operation, it would not render them invalid. The Court noted that the Constitution Act of 1935 must be interpreted in light of discussions on the subject of extra-territorial legislation. The Court concluded that the extent of extra-territorial operation, if any, found in the impugned provisions was within the legislative powers given to the Indian Legislature by the Constitution Act. The Court emphasized that the presence of non-territorial elements in the challenged law must be considered upon a different footing, and those affirming its validity must show that the concern or interest is of such a nature that the challenged law is truly one with respect to an enumerated subject-matter. Conclusion: The Federal Court allowed the appeal, remitting the case to the High Court at Calcutta with a declaration that the decree of the High Court, dated June 9, 1943, be substituted with a decree dismissing the action with costs in the High Court. The respondent was ordered to pay the costs of the appellant.
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