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PETITIONER: ANGLO-FRENCH TEXTILE CO. LTD.
Vs.
RESPONDENT: COMMISSIONER OF INCOME-TAX, MADRAS,
DATE OF JUDGMENT: 22/12/1952
BENCH: MAHAJAN, MEHR CHAND BENCH: MAHAJAN, MEHR CHAND DAS, SUDHI RANJAN BOSE, VIVIAN BHAGWATI, NATWARLAL H.
CITATION: 1953 AIR 105 1953 SCR 454 CITATOR INFO : C 1954 SC 198 (10,10A) R 1958 SC 269 (14) R 1958 SC 861 (15) RF 1965 SC1526 (15)
ACT: Income-tax Act, 1922, ss. 4 (1) (a), 4A (c) (b), 42 (1) and (3) -Foreign company-Manufacture of goods outside British India -Sale of goods and receipt of sale proceeds in British India Assessment under s. 4 (1) (a)-Applicability of s. 42 (1)Determination of residence of company-Allocation of income between operations carried on within and outside British India Whether permissible.
HEADNOTE: The assessee, a company incorporated in the United Kingdom and having its registered office in London, manufactured yarn and cloth in their,mill at Pondicherry. The assessee had appointed another company in Madras as their agents. The manufactured goods were sold mostly in British India and partly outside British India. All the contracts in respect of the sales in British India: were entered into in British India and deliveries were made and payments were received in British India. In regard to sales outside British India also, payments were received in Ma...