INCOME TAX CASE.

Stratford Evening Post, Volume XXIX, Issue 103, 21 June 1911, Page 5

INCOME TAX CASE.

MAGISTRATE’S JUDGMENT. (Per Press Association) Wellington, Juno 20. Dr. McArthur, S.M., gave judgment 10-day in the case Commissioner of Taxor, v the Eastern Extension Australasian and China_ Telegraph Co., a claim In recover ,07-1 unpaid income fax anil interest. Tho company countorclai.nctl for £O7 9s in respect of interest which it claimed was due on the costs in a successful action against the Government, which costs were not paid for some years after thq action. Tho points wore whether the interest on the judgment could ho sustained against the Crown, and whether in an action between tiio Crown and subjects tiie subjects bad tiie rig ' of set off’. The .Magistrate said tho subject must proceed by petition. It was just, however, that interest on costs in such a case should lie allowed against tho Crown, as the Commissioner had the use of defendants’ money. Judgment for plaintiff for the amount claimed, and he was of opinion that defendants had a claim against Gov* eminent .on which they should proceed by netition. Notice of appeal was given.