H. L. SUD, INCOME-TAX OFFICER, COMPANIES CIRCLE 1(1), BOMBAY vs TATA — 1971 PTD 1000

Citation: 1971 PTD 1000

Court: Supreme Court of India

Year: 1970

Decision Date: 1970-12-31

Parties: H. L. SUD, INCOME-TAX OFFICER, COMPANIES CIRCLE 1(1), BOMBAY vs TATA JUDGMENT

Headnotes

Case cited as 1971 PTD 1000

Judgment Text

Court Name: Supreme Court of India Judge(s): A. N. Grover, J. C. Shah, Y. Ramaswa mi Title:H. L. SUD, INCOME-TAX OFFICER, COMPANIES CIRCLE 1(1), BOMBAY vs TATA JUDGMENT Reported As: 1971 PTD 1000 Result: Appeals dismissed Judgment JUDGMENT RAMASWAMI, J.------The respondent is a limited company incorporated under the Indian Companies Act, 1913, and carries on business of manufacturing and selling diesel trucks and bus chassis, locomotives and other heavy engineering products. The respondent manufactures diesel trucks and bus chassis in collabo--ration with the German firm `Daimler Bens A. G" The business of manufacturing locomotives is carried on by the respondent in collaboration with the German firm "Krauss Maffei A. G." For each of the assessment years from 1955-56 to 1961-62, the Income-tax Officer issued a notice to the respondent under section 43 of the Indian Income-tax Act, 1922 (hereinafter called "the Act") intimating that he intended treating the respondent as the agents of the two German firms. In pursuance of the notices the Income-tax Officer actually passed orders under section 43 of the Act treating the respondent as agent of the said two German firms. For the assessm ent year 1962-63 no notice under section 43 of the Act had been issued or served upon the respon--dent by the Income-tax Officer and no order under that section had been passed treating the respondent as the agent of the two German firms. On September 8, 1961, the respondent received from the…

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