COMMISSIONER OF INCOME-TAX Vs. MAJOR KCGOLDIE

JUDGEMENT

(1.) This is a reference by the Commissioner of Income tax under Section 66 asking for our opinion on three questions which he states in paragraph 8 of the case.

(2.) It appears that the assessee, Major Goldie, is entitled to income derived from four sources set out in paragraph 4 of the case. The first is dividends paid in India by companies registered in British India. The second source is dividends paid in the United Kingdom by companies doing business in British India but registered in London and having their head offices in London, and, I understand, also having their share register in London, though that fact is not stated. The third source is interest earned in British India and the fourth source is income accruing, arising and received outside British India.

(3.) The questions arise in respect of the second source, i.e., dividends paid in the United Kingdom by companies doing business in British India, but registered in London and having their head offices in London. The particular companies from which the income is derived are admitted to be companies within the definition contained in Section 2(6) of the Indian Income-tax Act.