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ASSAM OIL Co. LTD. vs INCOME-TAX OFFICER, CENTRAL CIRCLE V AND OTHERS — 1976 PTD 266

Citation: 1976 PTD 266

Court: Calcutta High Court

Year: 1970

Decision Date: 1970-07-23

Parties: ASSAM OIL Co. LTD. vs INCOME-TAX OFFICER, CENTRAL CIRCLE V AND OTHERS

Headnotes

Case cited as 1976 PTD 266

Judgment Text

Court Name: Calcutta High Court Judge(s): K. L. Roy Title: ASSAM OIL Co. LTD. vs INCOME-TAX OFFICER, CENTRAL CIRCLE V AND OTHERS Case No.: Matter No, 6 of 1966 Date of Judgment:1970-07-23 Reported As: 1976 PTD 266 Result: rule absolute JUDGMENT JUDGMENT ' The petitioner is a Company incorporated under the U. K. Companies Act and has its principal place of business in India at Digboi in the State of Assam. It carries on business, inter alia, in oils and lubricants. In its assessm ent under the Indian Income tax Act the petitioner claimed deduction of certain expenses as administrative charges incurred by the Burma Oil Company Ltd. Of London as the London Management fee payable by the petitioner and debited in its account. It appears that from the assessm ent year 1951-52, the question of allowance of this claim was being discussed between the petitioner and the taxing authority. For instance, in its letter dated the 20th February 1953, to the Income-tax Officer, Dibrugarh, who was then making the petitioner's assessment to income-tax, it was explained that the London charges represented the charge made by the Burma Oil Company for management and secretarial work carried out on behalf of the petitioner in London and the charge was for certain services rendered by the London Company. The said Income-tax Officer by his letter dated the 19th December 1952, required the petitioner to furnish a schedule in respect of the London charges and also to let him know if any reserve had…

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