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january 1953

Supreme Court of India · 1953-01-16

TURNER MORRISON & CO., LTD. vs COMMISSIONER OF INCOME-TAX,.WEST BENGAL.

Citation / case number
SC 1952/86
Court
Supreme Court of India
Petitioner
TURNER MORRISON & CO., LTD.
Respondent
COMMISSIONER OF INCOME-TAX,.WEST BENGAL.
Bench
DAS, SUDHI RANJAN

Judgment text excerpt

The Supreme Court held that the Port Said Salt Association Ltd. was correctly treated as a non-resident company with its agent, Turner Morrison and Co. Ltd., in India under Section 43 of the Indian Income-tax Act, 1922. The Court ruled that the income derived from sales in India was assessable under Section 4(1)(a) as it was received in India, not under Section 42. The judgment clarified that the agents were not merely acting as intermediaries but were authorized to sell and collect proceeds, thus making the income chargeable to tax in India.

TURNER MORRISON & CO., LTD. vs COMMISSIONER OF INCOME-TAX,.WEST BENGAL. · Niyam