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K.T.M.T.M. Abdul Kayoom And Anr. vs Commissioner Of Income-Tax on 23 November, 1961

We find that it is on this ground that the case strongly relied on by the learned Attorney-General Abdul Kayoom v. Commissioner of Income Tax(3) is distinguishable because payments there had no relation whatsoever to the amount of conchshells taken. As observed by Hidayatullah, J., in obtaining the lease, the respondent obtained a speculative right to fish for chanks which it hoped to obtain and which might be in large quantities or small, according to its luck The respondent changed the nature of its business to fishing for chanks instead of buying them." Hidayatullah, J., then put the case in a nutshell as follows "That amount was paid to obtain an enduring asset in the shape of an exclusive right to Ash, and the payment was not related to the chanks, which it might or might not have brought to the surface in this speculative business.
Supreme Court of India Cites 7 - Cited by 198 - S K Das - Full Document

Assam Bengal Cement Co. Ltd vs The Commissioner Of Income-Tax,West ... on 11 November, 1954

is exhaustive or universal. Each case must depend on its own facts, and a close similarity between one case and another is not enough , because even a single significant detail may alter the entire aspect. In deciding such cases, one should avoid the temptation to decide cases...... by matching the colour of one case against the colour of another." Therefore, we do not propose to review all the cases cited before us, especially as this Court has, after reviewing the relevant cases, formulated certain tests in Assam Bengal Cement Co. Ltd. v. Commissioner of Income Tax(1).
Supreme Court of India Cites 7 - Cited by 406 - N H Bhagwati - Full Document
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