1900 (10) TMI 1

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..... y within the meaning pi the 53rd section. The business of life insurance does not appear in the schedule as one of the business or trades in respect of which a tax may be levied, and therefore, it would seem that the plaintiff Company whose business is that of life insurance could not by any possibility be liable. But it is said that, as the schedule includes in its list of denominations, carrying on business as a company, any company that does carry op busin6ss becomes chargeable whether or not its business is otherwise one of the kinds mentioned in the schedule. Now there are several difficulties in the way of this construction. Considering the terms of the section one would expect to find in the schedule a catalogue of arts, profession .....

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..... denote companies incorporated not for purposes of gain as well as ordinary trading companies. It is said that the Act was amended in consequence of the decision in Corporation of Calcutta v. Standard Marine Insurance Company (1896) A.C. 325 which apparently turned on the language of an Act similar to the original Madras Act of 1884. That may be so, and it is true that this Court in I.L.R. 21 M. 5 considered that an effective amendment of the Act had been made. But we cannot suppose that the learned Judges intended to decide authoritatively a point which was in no way before them. The meaning of the Legislature is in our opinion so doubtful that we are unable to say, with the certainty requisite in cases where taxation is involved, that c6m .....

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..... en a company, which in respect; of its particular business is rot taxable under the Act or does not transact business within the Municipality, is nevertheless taxed, it can be said that the provisions of the Act have been in substance and in effect complied, with. The question whether there has been a substantial compliance with the Act is one of fact which has to be determined with reference to the particular circumstances of the case. The case in Municipal Conncil, Nellore v. Rangayya I.L.R. 19 M.k 10 was one of an unfinished house and we were not satisfied that any provision of the Act had been contravened. The cases reported in Municipal Council of Tuticorin v. South Indian Railway Company I.L.R. 13 M.k 78 are cases on the other side .....

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