Judgement

Appeal (No. 57 of 1927) from an order of the High Court (April 9, 1926) upon a special case stated under s. 66, sub-s. 2, of the Indian Income Tax Act, 1922.

The respondents were a company registered under the Indian Companies Act

(VII. of 1913) as a company limited by guarantee; the company was formed on April 1, 1925, to take over the assets and liabilities of the Western India Turf Club, an unincorporated association.

The question raised by the case stated was whether the rate of super-tax payable under s. 55 of the Act of 1922 by the respondent company for the year commencing April 1, 1925, was the rate applicable to a registered company or that applicable to an unincorporated association.

Law Rep. 55 Ind. App. 14 ( 1927- 1928)

C ommissioner of I.T. Western India Turf C lub Ltd. 222

The relevant statutory provisions appear from the judgment of the Judicial Committee.

The High Court (Macleod C.J. and Crump J.) held that the rate was that applicable to a registered company. The judgments are reported at I. L. R. 50 B. 648.

1927. Nov. 4. Sir George Lowndes K.C. and Reginald Hills for the appellant.

Latter K.C. and R. W. Needham for the respondents.

The judgment of their Lo