COMMISSIONER OF INCOME TAX Vs. ARUNACHALAM CHETTIAR O VR SV VR

JUDGEMENT

(1.) THE question that is referred to this court is :

(2.) IT is not denied that factually only Rs. 63,141 would represent that part of the income which has been subjected to tax both under the Malayan and the Indian Income-tax law, under the head "business profits." But what has been contended for by the assessee is that the circumstance that any relief has been granted by the set-off or by computation under section 10 of the Act by allowing for the business loss that was incurred in India should also be taken as part of the amount on which tax had been imposed; that is to say, according to the assessee, the entire amount of Rs. 84,466 should be regarded as the income of the assessee which had been subjected to tax under the Indian Income-tax Act notwithstanding that a portion of it had been allowed by way of deduction in respect of loss incurred in business. The question is whether this contention can be accepted.

(3.) IT is not necessary to refer to the further observations in either of these cases.