HON’BLE SUPREME COURT · SOURCE-REVIEWED NOTE
Netherlands Steam Navigation Company Ltd. v. Commissioner of Income-tax, West Bengal
Civil Appeals Nos. 1622-1626 of 1968
[1970] 1 SCR 1 ·
Indian Income-tax Act, 1922: sections 4(1), 10 and 10(2)(vi-a) · Income-tax Rules, 1922: rule 33
Sources & disclosures includedDownload original judgment / order
2-judge bench; unanimous judgment delivered by J. C. Shah, J. · J. C. Shah, J. · V. Ramaswami, J.
Assessment years: 1952-53 to 1956-57
01 · Facts of the case
The non-resident shipping company returned Indian income without producing world-income particulars. The officer used a special Indian-trade formula and refused additional depreciation for ships not introduced into Indian trade when new (SCR pp.1-4; PDF pp.1-4).
Source: Primary judgment: facts
02 · Discussion by the Hon’ble Court
Rule 33 offered alternative methods. Its second method required world profits computed under the Act, including allowances, before apportionment; that method was not used. The company could not accept another empirical formula and then append an allowance belonging to the unchosen world-profit method. The un-referred validity of the formula remained undecided (SCR pp.5-8; PDF pp.5-8).
Source: Primary judgment: discussion
03 · Judicial decision
All five appeals were dismissed with costs and one hearing fee (SCR p.8; PDF p.8).
Source: Primary judgment: decision
04 · Outcome / in whose favour
In favour of Revenue, subject to the Court's reference-jurisdiction limit (SCR pp.7-8; PDF pp.7-8).
Source: Primary judgment: outcome
05 · AKHB REVIEW POINT
AKHB analysis: identify the exact non-resident computation method actually used before adding an allowance. Preserve the advisory-jurisdiction limit: the Court did not generally approve the empirical formula (based on SCR pp.5-8; PDF pp.5-8).
Source: Primary judgment: review point
Source & verification
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Statutory scope
Historical rule 33 and additional depreciation do not determine current section 32, section 44B or treaty attribution.
Later treatment
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