The J.C.I.T., Special Range-1 vs Kwality Cafe And Restaurant (P) Ltd. on 7 April, 2006
7. The Assessing Officer has also further referred to the following observations of the Hon'ble Supreme Court in the case of Best & Co. v. CIT (supra):
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The Anglo-French Textile Co. Ltd. By ... vs The Commissioner Of Income-Tax on 18 January, 1950
Anglo-French Textile Co. Ltd vs Commissioner Of Income-Tax, Madras on 22 December, 1952
The
High Court has accordingly considered these two questions
which were referred to it for opinion and has answered the
question No. I in the negative and against the assessee and
question No. 2 in the manner following, i.e., the income
received in British India cannot be said to wholly arise in
India within the meaning of section 4A (c) (b) of the Act
and that there should be allocation of the income between
the various profit producing operations of the business of
the company in the light of the principle contained in the
judgments in Ahmedbhai Umarbhai's case(1) and in Anglo-
French Textile Company v. Income-tax Commissioner(2)
relating to the same assessee.
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