JARDINE HENDERSON LTD., CALCUTTA vs THE COMMISSIONER OF INCOME-TAX, — 1960 PLD 371

Citation: 1960 PLD 371

Court: Dacca

Year: 1970

Decision Date: 1970-12-31

Parties: JARDINE HENDERSON LTD., CALCUTTA vs THE COMMISSIONER OF INCOME-TAX, JUDGMENT

Headnotes

Case cited as PLD 1960 SC 371

Judgment Text

Court Name: Dacca Judge(s): A. S. Chaudhry, A. K. Muhammad Nurul Islam Title:JARDINE HENDERSON LTD., CALCUTTA vs THE COMMISSIONER OF INCOME-TAX, JUDGMENT Reported As: PLD 1971 Dacca 185 Result: Questions answered in the affirmative Judgment JUDGMENT A. S. CHOWDHURY, J. --The Income-tax Appellate Tribunal, Dacca Bench, Dacca has referred the following questions for our opinion under section 66 (1) of the Income-tax Act (hereinafter called "the Act"). "(1) Whether on the facts and in the circumstances of the case income could be deemed to have accrued or arisen to the applicant in Pakistan whithin the meaning of subsection (1) of section 42 of the Income-tax Act, 1922. (2) Whether on the facts and in the circumstances of the case commission received by the applicant on the goods sold by Kanknarrah Co. Ltd., was assessable in Pakistan." Facts relevant for the purpose of considering the question referred to us are as follows: -- Jardine Henderson Ltd., is incorporated in India, having its registered office in the city of Calcutta. By virtue of an agreement made on 19-3-47, the assessee became Managing Agent of the Kankarrah Co. Ltd. (hereinafter referred to as "managed company"). In accordance with the terms of the said agreement, the assessee was vested with the powers of general management of the property of the company including its business transactions. With regard to its remuneration it was stipulated that it would receive a commission of 22 per cent. on the gross…

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