Morley v. Tattersall

7 ITR 316Reported decision1939#5550 most cited

What is Morley v. Tattersall authority for?

The taxability of a receipt is determined by its character at the moment it is received, and subsequent treatment by the recipient does not alter this character.

21

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2009 to 2024.

Also referred to as

Morley v Tattersall · 7 ITR 316 · taxability of receipt · character at time of receipt · subsequent treatment · revenue receipt · capital receipt

Issues it is cited on

section 2(13)non-compete feesection 28(i)section 28(iv)section 43(1)commercial rightsfull value of considerationright to receivelack of enquirysection 48section 40(a)(i)section 45

Judgments citing Morley v. Tattersall

Commissioner of Income Tax vs. Jackson Engineers Ltd

Appeal stands disposed of in the

ITA-251/2008HC Delhi23 Dec 2009
Section 80I

…mained with the assessee for a long period unclaimed by the trade parties. By lapse of time-barred and the amount attained a totally different quality. It became a definite trade surplus. In Jay‟s case it was pointed out that in Tattersall‟s case (1939) 7 ITR 316 (CA) no trading asset was created. Mere change of method of book-keeping had taken place. But, where a new asset came into being automatically by operation of law, common sense demanded that the amount should be entered in the profit and loss account for the year and be treated as taxable income. In other words, the principle appears to be th…