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Berhampore Council Vs. the Oriental Govt. Security Life Assurance Co. Ltd. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1926Mad944
AppellantBerhampore Council
RespondentThe Oriental Govt. Security Life Assurance Co. Ltd.
Excerpt:
- .....section or under the proviso. the language of the proviso which says that the company shall pay only certain amounts clearly indicate that those amounts are less than the amounts which would be leviable under the section itself.2. there is also another ground which shows that the option is left to the assessee and that is that the proviso is not to come into force unless the company shows that, its gross income does not exceed a certain amount. there is no provision in the act to compel a company to show its gross income and unless the company chooses to do so the proviso is not applicable. it is therefore quite applicable that the option is left to the assessee and not to the municipal council as decided by the government. the other points taken in this appeal memo are not seriously.....
Judgment:

1. The only question in this appeal is whether under Section 15 Schedule 4 of the District Municipalities Act a company has the option of being assessed under that section or under the proviso. The language of the proviso which says that the company shall pay only certain amounts clearly indicate that those amounts are less than the amounts which would be leviable under the section itself.

2. There is also another ground which shows that the option is left to the assessee and that is that the proviso is not to come into force unless the company shows that, its gross income does not exceed a certain amount. There is no provision in the Act to compel a company to show its gross income and unless the company chooses to do so the proviso is not applicable. It is therefore quite applicable that the option is left to the assessee and not to the Municipal Council as decided by the Government. The other points taken in this appeal memo are not seriously pressed and this appeal is dismissed with costs.


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