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november 1954

Supreme Court of India · 1954-11-01

THE COMMISSIONER OF INCOME-TAX, MADRAS vs MYSORE CHROMITE LIMITED.

Citation / case number
SC 1953/1422
Court
Supreme Court of India
Petitioner
THE COMMISSIONER OF INCOME-TAX, MADRAS
Respondent
MYSORE CHROMITE LIMITED.
Bench
MAHAJAN, MEHAR CHAND (CJ),DAS, SUDHI RANJAN,HASAN, GHULAM,BHAGWATI, NATWARLAL H.,AIYYAR, T.L. VENKATARAMA

Judgment text excerpt

The Supreme Court held that under Section 4 of the Indian Income-tax Act, 1922, the income derived from sales of chrome ore by the assessee company was not taxable in British India as the sales were concluded outside India. The Court established that the place of sale is determined by where the contracts were signed and executed, which in this case was London and New York. Consequently, the income was not deemed to have arisen or been received in British India, leading to the dismissal of the Income-tax department's appeal.

THE COMMISSIONER OF INCOME-TAX, MADRAS vs MYSORE CHROMITE LIMITED. · Niyam