COMMISSIONER OF INCOME-TAX, MADRAS vs S. MEYYAPPAN — 1971 PTD 615

Citation: 1971 PTD 615

Court: Madras High Court

Year: 1971

Decision Date: 1971-11-25

Parties: COMMISSIONER OF INCOME-TAX, MADRAS vs S. MEYYAPPAN

Headnotes

Case cited as 1971 PTD 615

Judgment Text

Court Name: Madras High Court Judge(s): K. Veeraswa mi, Ramaprasada Rao Title: COMMISSIONER OF INCOME-TAX, MADRAS vs S. MEYYAPPAN Case No.: Case No. 97 of 1965 Date of Judgment:1971-11-25 Reported As: 1971 PTD 615 Result: question is answered JUDGMENT JUDGMENT VEERASWAMI, J.--We do not think there is much in this reference. The question referred to us is :- "Whether, on the facts and in the circumstances of the case, the Tribunal was right in allowing the claim of the assessee for deduction of salary, commission and travelling expenses paid to Sri Adaikappa Chettiar, from his share income in the firm of M/s. S. K. Pictures, Tirunelveli?" The assessee and one S. Kalyanasundaram Pillai entered into a partnership with effect from June 1, 1957. The name of the firm was to be S. K. Pictures, registered with the Registrar of Firms, Madras. After reciting the capital structure of the firm and providing for interest for any advance made by Kalyanas--undaram Pillai to the firm, the partnership deed mentioned the objects of the business. Viz., to finance production of pictures, take pictures for distribution for entire area and for any area and arrange production of pictures and also take pictures on commission basis for distribution and all other connected with the cinema business. It contained a further provision:- "Sri S. K. Kalyanasundaram Pillai is to operate on bank accounts and shall navel, control over the entire management and Sri S. Meyyappan is to look after the work in…

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