BIRLA BROTHERS LTD Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THIS is a reference under s. 66(1) of the Indian IT Act made by the Tribunal, Calcutta Branch, for the opinion of this Court upon the following question :

(2.) THE case is concerned with assessments made on the assessees in respect of the years 1943- 44, 1944-45 and 1945-46. THE point raised is the same in respect of all three assessments and therefore only one question of law has been formulated.

(3.) IT is conceded that the profits arising to the assessees from the managing agency connection in Gwalior were not brought into British India or received here and were therefore not taxable in British India by reason of s. 14(2)(c) of the Indian IT Act. That sub-section is in these terms :