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Commissioner Of Income-Tax,West ... vs H. Hirjee on 17 April, 1953

In Commissioner of Income-tax v. H. Bjordal (1), the Judicial Committee dealt with s. 21(1) of the Income Tax Ordinance No. 8 of 1940 (Uganda), as amended by s. 5 of the Income Tax (Amendment) Ordinance, 1943. That provision of law is completely in pari materia with s. 23A. Two brothers, H. Bjordal and S. Bjordal, held 73.96 and 25.09 per cent. of the voting power. Five others held 04 per cent. of the voting power. The shares held by S. Bjordal were purchased for full value by him from his brother. There was no suggestion that he was a nominee of the respondent or that he was acting in concert with his brother. Both brothers were Directors of the Company. It was held by the Judicial Committee that shareholders in a company who are members of the 'public' do not cease to be so, because they become Directors.
Supreme Court of India Cites 8 - Cited by 56 - M P Sastri - Full Document
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