9911796707
TMI Blog1966 (10) TMI 3X X X X Extracts X X X X X X X X Extracts X X X X ..... 1961. The assessment year concerned is 1959-60, and the accounting period, the twelve months ended on the 31st March, 1959. The questions referred are : " (1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the time taken by the assessee to write the book would not be more than twelve months, within the meaning of section 12AA of the Income-tax Act, 1922 ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal was right in permitting the department to raise the contention that the income of the assessee did not fall under section 12AA of the Income-tax Act, 1922 ? (3) If the answer to question No. (2) is in the affirmative, whether the Appellate Tribunal was righ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to print a ' Kerala edition ' of the above-mentioned book and supply not later than 30th June, 1958, the entire copies of the book ordered by the Director of Text Books and Examinations or such other officer authorised by him who will issue receipt immediately for the same. 2. The book shall bear the superscription of Kerala edition on the cover page. 3. No sale of the book shall be made to any outside agency. 4. The cost of the book shall be 12 annas (twelve annas). 5. An overriding commission of 25 per cent. on the books sold shall be given. 6. In the event of the irregular or late supply of copies, the contract is liable to be cancelled by the Government and the printer shall have to make good to Government any loss incurred th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ear on account of any lump sum consideration for the assignment or grant of any of his interests in the copyright of that work or of royalties or copyright fees (whether receivable in lump sum or otherwise), in respect of that work, shall, if he so claims, be allocated for purposes of assessment as hereunder-- (i) in the case referred to in clause (a), one-half of the amount of such lump sum, royalities or fees as the income of the previous year in which the whole amount is received or receivable, and the other half as the income of the next succeeding previous year ; and (ii) in the case referred to in clause (b), one-third of the amount of such lump sum, royalties or fees as the income of the previous year in which the whole amount is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... annas per copy plus " an overriding commission of 25 per cent. on the books sold. " There is no indication of any other right being conferred by the agreement on the Government of Kerala. Section 3 of the Press and Registration of Books Act, 1867, provides that every book or paper printed within India shall have printed legibly on it the name of the printer and the place of printing, and (if the book or paper be published) the name of the publisher and the place of publication. If the assessee wanted to substantiate his contention before the Tribunal, he could have produced a copy of the Kerala edition of the book. He did not do so, and a copy is not part of the statement of the case. We feel certain that he did not produce a copy of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
