TAXATION OF CABLE PROFITS.

Evening Post, Volume LXVIII, Issue 48, 25 August 1904, Page 6

TAXATION OF CABLE PROFITS.

JUDGMENT OF THE APPEAL COURT. The Court of Appeal— tho Chief Justice, .and Justices Dennkton, Edwards and Chapman— gavo judgment to-day in tho cane of the Eastern Extension Cable Company, appellant, and the Commissioner of Taxes, respondent. The appeal was from a decision of Mr. Justice Cooper. Tl»e Commissioner claimed that the gross income received by the cornpuny within tlio colony and derived by the company from their business in the oolony was £24,137, that tho 'deductions duo to the company were £6320, that the taxable balance was £17,817 ; tho Gommksionor therefore claimed £890 17s. The company claimed' that the gross income <u» defined above was not £24,137 but £10,080, contending tho income- derived by the company on its lines beyond the La. Perouee station (.New South Wales) was not taxable 03 being profits derived, from tho company's business within the colony. This wivs tho chief point involved ; another was' aa to what income' tax is due in reaped, of profits between Wakapnaka (Nelson) and La Perouse. Tho Ch/cf Justico held that the appellant 'company was entitled to succeed, so far as the tax charged on income dorived by the company beyond La Perouse is concerned. Tho case must, however, be remitted to the lowor Court to oscet'< tain the income hue due on tho Walfa punka-La Perouse profits. Mr. Justice Edwards held that onr) the Wakapuako-La Perouse profits wem taxable, and the case should bo remitted to the lower Court to assess that (wnounfc, the CommiswionOT to have judgment for the amount so ascertained. Agreements in evidence before the Court of Appeal w«ro not before tho lower Court, and the case had an entirely new iwpoct. "Mr. Justice Cooper authorises me to Mate that if it had been presented to him and had been argued upon the grounds upon which my opinion is baaed, his judgment would have been different, and thnt he agrees that the appeal should be allowed." Justices Denniston and Chapman concurred with the finding of the other members of the Court. Judgment van accordingly given allowing tho appeal with costs, the Court below to fix tho amount, of costs and to fix costs in the Appeal Court in thb amount on which the appellant company succeeds. Tho application of Mr. Myers, for the Commissioner, for leave to appeal to tho Privy Council was hold over pending tho fixing of amounts by tho lower Court. The case was argued by Messrs M. Chapman and T. S. Weston for tho appellant company, and Messrs. W. J. Napier and M. Myers for the Commissioner.

Mr. W. D. Cameron, third officer of the s.s. Monowai, fell a distance of 15ft down tho hold of the vessel to-day. He was taken to the Hospital, but so fnr as can bo ascertained no bones were broken. Mr. J. J. Meikle is to deliver an openaif addreee on "The Administration of Justice in New Zealand" at the corner of Willis and Boulcott streets to-morrow night. Mr. Harry Pearce, Australia's champion wrestler, who has just finished a successful season in Christchurch, leaves Wellington this evening by Mie Weslralia to fulfil an engagement witli Messrs. Fuller and Sons in Auckland. Tho funeral of t/he Rev. C. \S. Ogg, which took pkice this afternoon, was largely attended. A special service was held in St. Andrew's Church beforo prooeedinj^ to the cemetery at Karori.,