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The Commissioner of Income-tax Vs. the Bar Council - Court Judgment

LegalCrystal Citation
SubjectDirect Taxation
CourtChennai
Decided On
Reported in(1942)2MLJ782
AppellantThe Commissioner of Income-tax
RespondentThe Bar Council
Excerpt:
- - this makes it perfectly clear that the income of the council received from investments is not taxable......education and for expenses, including establishment charges, in connection therewith. in future separate accounts will be maintained for this purpose. in past years the council have been treating the investments and income therefrom as applicable to legal education, though no separate accounts have been maintained in respect of the investments. this makes it perfectly clear that the income of the council received from investments is not taxable. as we have pointed out in our order, dated the 2nd november, 1942, the income from enrolment and examination fees is taxable. the commissioner of income-tax accepts the statement of the learned advocate-general.7. in these circumstances the assessment for the years in question should be made on this basis. the questions referred will be.....
Judgment:
ORDER

Alfred Henry Lionel Leach, C.J.

6. The Chief Justice.--The learned Advocate-General on behalf of the Bar Council states that the Council will utilise its income from investments solely for legal education and for expenses, including establishment charges, in connection therewith. In future separate accounts will be maintained for this purpose. In past years the Council have been treating the investments and income therefrom as applicable to legal education, though no separate accounts have been maintained in respect of the investments. This makes it perfectly clear that the income of the Council received from investments is not taxable. As we have pointed out in our Order, dated the 2nd November, 1942, the income from enrolment and examination fees is taxable. The Commissioner of Income-tax accepts the statement of the learned Advocate-General.

7. In these circumstances the assessment for the years in question should be made on this basis. The questions referred will be answered in the sense indicated in our two orders.

8. There will be no order as to costs.


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