9911796707
TMI Blog1944 (2) TMI 23X X X X Extracts X X X X X X X X Extracts X X X X ..... te Tribunal it is suggested that the Commissioner of Income Tax has misunderstood the findings of fact arrived at by the Tribunal and stated in its order of 9th February 1943. We do not think that there has been any misapprehension on the part of the Commissioner, but in any event the facts are clear. Until the 28th March 1939 the assessee was joint with his father. The family carried on a money- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mmissioner. At the request of the Commissioner of Income Tax, the Tribunal has referred for the opinion of this court following question :- "Whether in the circumstances of the case the respondent is liable on the remittance of a sum of ₹ 40,742 brought by him into British India during the accounting year." Section 4(1) (b) (iii) reads as follows :- "Subject to the provis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a. It is true that the profits were actually earned by the joint family, a different entity for the purpose of taxation, but on the 28th March 1939 the assessee acquired the business and all the profits which had been earned between the 1st April 1933 and that date. According to the Oxford Dictionary a primary meaning of the word "accrue" is "to come by way of addition or increase, ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
