Law:

Section:

Section 5 of the Income-tax Act, 1961 [Corresponding to section 4(1) of the Indian Income-tax Act, 1922] - Income - Accrual of - Whether in view of in CIT v. Ogale Glass Works Ltd. [1954] 25 ITR, 529 income, profits and gains in respect of sales made by assessee, a non resident company, to Government of India was received by assessee in British India within meaning of section 4(1)(a) of 1922 Act - Held, yes CASE REVIEW: Decision of the Bombay High Court in Kirloskar Bros. Ltd. v. Commissioner of Income-tax Act, Bombay South, Bombay [1952] 21 I.T.R. 82 reversed. Note: The case was decided in favour of the revenue. CASE REFERRED TO CIT v. Ogale Glass Norms Works Ltd. [1954] 25 ITR 529 . C.K. Daphtary, Porus A. Mehta, R.H. Dhebar and G.H. Rajadhyaksha for the Appellant. R.J. Kolah, Y.D. Pandit and Rajinder Narain for the Respondent. JUDGMENT Das, J.-The question referred by the Income-tax Appellate Tribunal for the opinion of the Bombay High Court was as follows:- '' Whether on the facts of the case, income, profits and gains in respect of sales made to Government of India was received in British India within the meaning of Section 4(i)( a) of the Act ?" The High Court answered the question in the negative for reasons set out in its judgment covering this case as well as the case out of which…

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