AZAMJAHI MILLS LIMITED HYDERABAD Vs. COMMISSIONER OF INCOME TAX HYDERABAD

JUDGEMENT

(1.) THIS judgment would dispose of three civil Appeals Nos. 980 to 982 of 1971 which have been filed by special leave against the judgment of the Andhra Pradesh High Court on a reference under Section 66 of the Indian Income-tax Act, 1922 (hereinafter referred to as the Act) answering, besides two other questions with which we are not concerned, the following question against the assessee appellant and in favour of the revenue:

(2.) THE assessee company is a public limited company registered in what was at the relevant time the Nizam's Dominion (hereinafter referred to as Hyderabad State) outside British India. THE matter relates to assessment years 1945-46, 1946-47 and 1947-48 for which the relevant accounting period ended on 5/10/1944, October 5, 1945 and 5/10/1946 respectively.

(3.) IN appeal before us Mr. Vasudev Pillai on behalf of the appellant has assailed the judgment of the High Court and has contended that on the facts and circumstances of the case the sale proceeds should be held to have been received by the assessee from the Government of INdia not in British INdia but in Hyderabad State. There is, in our opinion, no force in this contention.