In Civil Appeals Nos.1076 1079of 1970 the question referred was Whether on the facts and in the circumstances of the case the property tax paid by the assessee in Japan on its vessels was allowable as deduction under section 10 2 xv of the Income Tax Act, 1922?
In the assessment proceedings the appellant companypanies had claimed as deductible allowance under sec.
From the judgment and order dated the 1st July, 1969 of the Calcutta High Court in Income, Tax References Nos.
The, appellant in each case had been assessed to income tax for the years mentioned above under the Indian Income Tax Act, 1922 hereinafter referred to as the Act of 1922 in respect of its net Indian earnings.
170, 174, 175, 186 and 184, 189, 177 176 of 1964.
1076 1079/70 , T. A. Rama chandran and D. N. GuPta, for the appellants In all the appeals .
1076 1079 of 1970 relate to assessment years 1956 57, 1957 58, 1958 59 and 1959 60, the companyresponding previous years being the financial years ending on the 31st March 1956, 1957, 1958 and 1959 respectively.
1072 1075 of 1970 and M s. Kawasaki Kisen Kaisha Ltd., appellant in Civil Appeals Nos.
1072 75 of 1970 the question referred under sec.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
66 2 was Whether on the facts and in circumstances of the case, the property tax and vessels tax paid by the assesses in Japan on its land, buildings and other tangible assets and ships were allowable as deduction under sec.
Schin Chaudhuri In C.As.
The Income tax Officer rejected the claim on the view that the incidence of tax under the Japanese law falls on the assessee companypanies in their capacity as the owners of the business assets and number as traders.
10 2 of the Income Tax Act,1922 ?
In Civil Appeals Nos.
10 2 xv of the Act of 1922 the tax paid by them on their business assets under the Local Tax Law in force in Japan.
1076 1079 S. P. Nayar and N. Sachthey, for the respondent in all the appeals .
1072 to 1079 of 1970.
The Judgment of the Court was delivered by GUPTA, J. These two groups of appeals, brought on certificates granted by the High Court at Calcutta, arise out of two references under sec.
Civil Appeals Nos.
1072 1075 of 1970 relate to assessment years 195758, 1958 59, 1959 60 and 1960 61 for which the previous years were the financial years ending on the 31st March, 1957, 1958, 1959 and 1960 respectively Civil Appeals Nos.
1076 1079 of 1970, are both number resident shipping companypanies having their registered offices in Japan.
Mitsui Steamship Co. Ltd., appellant in Civil Appeals Nos.
66 2 of the Indian Income Tax Act, 1922 involving similar questions of law.
