High CourtsDivision Bench(1926) 03 MAD CK 0056

The Municipal Council vs Parry and Co., a firm of merchants carrying on business in 1st Line Beach

Madras High Court · Decided on 12 March 1926 · Citation: AIR 1926 Mad 1187 : (1927) 52 MLJ 360

HON’BLE JUDGES
Phillips, J

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Judgment

10 paragraphs · 234 words

Phillips, J.—The learned Judge has held that the respondent''s firm are not liable to pay the professional tax under the Madras District

Municipalities Act except at their principal place of business. The section which imposes the tax is Section 93, and reading that section by itself it

would seem to include all places of business in which the firm carries on trade. That this is not so is clear from Clause 3 of the same section which

shows that if a tax is paid in one Municipality that amount may be deducted from the Income Tax that may fall due in another and we have further

the provision under Rule 18 of Schedule IV which states what persons shall be deemed to have exercised a profession or trade or calling, and

there it is distinctly laid down that he shall be deemed to have exercised a profession, art, trade, or calling, if his principal office or place of

employment is within the Municipality. The argument that the word ''principal'' only qualifies ''offices'' and not ''place of employment'' must certainly

be negatived for otherwise the last sentence of that section would be entirely meaningless. The natural construction of the word is that ""principal

qualifies both ""office"" and ""place of employment."" If that is so the decision of the learned Judge is right and we agree with his conclusion.

2.

The appeal is dismissed with costs.