Supreme Court · 1978 INSC 106 · Decided 5 May 1978
Union of India v. Gosalia Shipping Private LTD., Margao, Goa
- Court
- Supreme Court of India
- Citation
- 1978 INSC 106 · [1978] 3 S.C.R. 943
- Case number
- CIVIL APPEAL No. 1735/1972
- Decided
- 5 May 1978
- Bench
- Y.V. CHANDRACHUD, P.N. BHAGWATI, D.A. DESAI (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Companies Act; Income Tax Act Section 172
Headnote
lncon.e Tax Act, 1961, S. 172(2)--Charter party agree111ent providing for the payment by the Charterers "for the use and hire" of the vessel-Whether the payment can be said to hai'e been n1ade "on account cf the carriage of goods'' so as to attract the charging provision of S. a company incorporated under the Indian Com­ panies Act does the business of Clearing and Forwarding and as Steamship agents. In 1970, respondent acted as the shipping agents of "Aluminiun1 Company of Canada Ltd." which is a non-resident company. The Aluminium company
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