1928 (11) TMI 2

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..... from the Scottish case of The Scottish Shire, Line, Limited v. Lethem (1912) 6 Tax Cases 91. That was a very strong Court consisting of the Lord Justice Clerk, Lord Dundas, Lord Salvesen and Lord Guthrie. Therefore I should feel myself constrained and do feel myself constrained to follow those eminent Judges unless it can shown that there is either something on the facts to distinguish this case .....

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..... ich the Scottish case was a decision? I am not going to read the two sections at length. It is sufficient to say that I have scrutinised them very carefully with the aid of counsel and that I am quite clearly of opinion that there is no material difference in the language and that, whatever was intended to be effected, the scope of the Indian Act is absolutely the same as that of the English Act. .....

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..... s. That to my mind is precisely what the Income-tax Officer is trying to do in this case and for the reasons given by the Scottish Court I decline to accede to that course being adopted. The answer therefore to the first question is in the affirmative; the answer to the second is that the calculation must be made on the original cost to the Madras Engineering Works and not on the value at which th .....

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