KAMDAR B M Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE assessee was assessed to income-tax by an assessment order dated March 23, 1939, in a total sum of Rs. 34,731, made up, as the assessment order shows, of income from four sources, namely salary (directors remuneration), profession, interest and a one-third share from the estate of a Mr. Kamdar. THE item in dispute is Rs. 12,302, which, in the assessment order, is described as : Profession-Recoveries from outstandings during calendar year 1938 as per bill-book.

(2.) THE question referred to us is as follows :-

(3.) IT will be convenient, in the first place, to examine and consider the relevant sections of the Act and then to refer to certain reported cases in which the Judicial Committed of the Privy Council has expressed opinions on the structure and scheme of the Indian Act and upon the nature of the income taxable under it. At the outset, however, it should be observed that it is the Indian Act after the 1939 amendments had been introduced with which we have to deal, whereas all the cases, which have come before the Judicial Committee and to which we have been referred, are concerned with the 1922 Act as amended from time to time, but before the 1939 amendments came into operation.