By controlling the institution of authorised assistants the company renders specific services to the members and in particular to the member whose assistants work for him. The amounts received by the company from these sources are clearly covered by the provisions of section 10(6) ” For coming to this conclusion, he relied upon the decision of the Bombay High Court in the case of Native Share and Stock Brokers’ Association v.
On appeal to the Special Commissioners, they upheld the assessment. The Tribunal agreed with the finding of the taxing authorities that the Authorized Assistants were not members of the Company within the meaning of the Articles of Association of the Company, and that their position was analogous to that of the ” authorised clerks in Native Share and Stock Brokers’ Association at Bombay “. And Liquid Crystal Device would have been sufficient instead.
The Commissioner of Income-tax(1). lawyer in Chandigarh maintenance Section 125 & 24 that case, the Liverpool Corn Trade Association, Limited, was an incorporated body under the Companies Act, with the object, inter alia, of protecting the interests of the corn trade, and of providing a clearing house, a market, an exchange, and arbitration and other facilities to the trade. In the course of its order, the Tribunal observed as follows:- ” The provision made in the regulations of the company, by which a member can take advantage of sending his authorised assistants to the company for transacting the business in the member name is nothing but giving extra facilities to the members.
He also held that though the Respondent Company was a mutual Association, each one of the three items of income, referred to above, was remuneration definitely related 464 to specific services performed, and was thus, chargeable to tax within the meaning of s. He held that the Authorized Assistants were no more than representatives of the members who employ them, and they transact business on their behalf, and that the Association had framed rules and by-laws, regulating the admission, supervision and discontinuance of such Authorized Assistants.
The Income-tax Officer rejected the contention raised on behalf of the assessee Company that the Authorized Assistants aforesaid were themselves members of the Company, and that therefore, the moneys received from them were exempt from taxation. Inspector of Taxes) (1) was based on facts which are similar to the facts of the present case. 16,000/-which were held by the Income-tax Officer, by his order dated March 27, 1946, to be liable to income-tax.
In other words, liquid crystal devices/displays which do not specifically form part of a specific type of equipment will be classified here. Misconduct in public by a drunken person. Each member was required to have one share lawyer in Chandigarh maintenance Section 125 & 24 the company, and had to pay an entrance fee and an annual subscription. Non-members could also become subscribers. The assessee was taxed on the excess of its receipts over expenditure.
On appeal, the Appellate Assistant Commissioner, by his order dated June 30, 1947, considered the points at great length, and came to the conclusion that the authorized Assistants were not members or substitute members. General purpose LCD, for example the one displaying only 0-9 numbers, which can be attached to several devices/equipments and cannot be specifically covered in any one heading as parts are to be classified here if they are considered as devices. Even if we ignore the above definition of device and consider the imported parts i.
nThe Judgment of the King’s Bench Division in The Liverpool Corn Trade Association, Limited v. -Whoever, Criminal Advocate in Chandigarh a state of intoxication, appears in any public place, or in any place which it is a trespass in him to enter, and there conducts himself in such a manner as to cause annoyance to any person, shall be punished with simple imprisonment for a term which may extend to twenty-four hours, or with fine which may extend to ten rupees, or with both.
Membership of the Association was confined to persons engaged in the corn trade. Had the intention been to cover all Liquid Crystal Devices/displays in CTH 90. On appeal, the High Court agreed with the determination of the Special Commissioners, and held that any profit arising from the Association’s transactions with members, was assessable to income tax as part of the profits of its business, and that the entrance fees and subscriptions received from members must be included in the computation of such profits One of the points raised before the Special Commissioners, was that transactions with its members were mutual ones, and that any surplus arising from such transactions, was not a profit assessable to -income-tax.
The only way to make Liquid Crystal Device/display more specifically covered in other heading is to make it a part of a specific articles as in present case. Liquid Crystal Displays to be devices, only those liquid crystal devices/displays which do not constitute article provided for more specifically in other headings will be covered in CTH 90. The case was then taken up in appeal to the Income-tax Appellate Tribunal, which dismissed the appeal. 13 there was no need for the description – Liquid Crystal Devices not constituting articles provided for more specifically in other headings.
Payments were made to the Association by members and others for services rendered through the clearing house, etc.