HARIDWAR DUBEY vs COMMISSIONER OF INCOME-TAX, U. P. — 1976 PTD 48

Citation: 1976 PTD 48

Court: Allahabad High Court

Year: 1969

Decision Date: 1969-09-29

Parties: HARIDWAR DUBEY vs COMMISSIONER OF INCOME-TAX, U. P.

Headnotes

Case cited as 1976 PTD 48

Judgment Text

Court Name: Allahabad High Court Judge(s): V. G. Oak, T. P. Mukherjee Title: HARIDWAR DUBEY vs COMMISSIONER OF INCOME-TAX, U. P. Case No.: Income-tax Reference No, 284 of 1963 Date of Judgment:1969-09-29 Reported As: 1976 PTD 48 Result: Order accordingly JUDGMENT JUDGMENT ' MGKERJEE, J.-This is a reference under section 66(1) of the Indian Income-tax Act, 1922, hereinafter referred to as "the Act". The material facts are as follows : The assessee, who is the applicant in this case, went to Thailand in 1913 and was employed there as watchman on a salary of Rs, 25 per mensem. He gave up that job and started a timber business in 1926 and set up a saw mill in 1937. Following the invasion of Thailand by the Japanese in World War If the applicant and his wife were arrested as enemy nationals in 1941, but were released after detention for sixteen days. The applicant thereafter continued to carry on his timber business up to the year 1943. Subsequently, however, restrictions were imposed regarding the booking of railway wagons for transporting timber and the applicant had to close down his business and sell away the assets and stock-in- trade for nominal amounts in 1943. The applicant was again arrested in 1944 but be was released after a period of 120 days. He returned to India in June 1948. ' The assessee had claimed compensation from the Government of Thailand as follows : {{TABLE}} (a) Loss on sale of saw mill, machinery, etc. .................................. 29,682 (b) Loss…

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