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TMI Blog1933 (11) TMI 29X X X X Extracts X X X X X X X X Extracts X X X X ..... And S. M. Gupta JUDGMENT COURTNEY-TERRELL, C.J. 1. This is a case stated under Section 66, Sub-section (2), Income-tax Act, for the opinion of the Court. The facts which have given rise to the case are simply stated. The assessee is the proprietor 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 compa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een raised on behalf of the assessee that in as much as all excess of royalty over and above ₹ 8,000 was retained by the lessee-mortgagees and did not come into the hands of the assessee, it could not be considered as income and 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he least differ from what it would have been had the provision been that the lessee was to pay the whole of the royalty direct to the assessee and then that the assessee was to pay back a portion of the royalty to discharge his debt to 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 d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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