Ua Clothasaigh v Moville District Board of Conservators

• Jurisdiction: Ireland
• Judgment Date: 19 November 1950
• Date: 19 November 1950
• Docket Number: (1848—No. 18).
• Court: Supreme Court

S.C.),

Ua Clothasaigh

and

Moville District Board of Conservators

Statutory body performing statutory functions - Balance of receipts over expenses - Whether a taxable profit or gain -Income Tax Act, 1918 (8 9 Geo. 5, c. 40), Sch. D., Case VI - Fisheries (Ireland) Act, 1848 (11 12 Vict., c. 92), ss. 13, 23 - Fisheries (Ireland) Act, 1850 (13 14 Vict., c. 88), s. 7 -Fisheries Act, 1925 (No. 32 of 1925), Parts I and II.

The respondent Board was created by an Order, entitled the Moville Fishery District Order, 1926, made by the Minister for Fisheries on the 17th February, 1926, pursuant to the provisions of the Fisheries Act, 1925, s. 27. The constitution, powers, and duties of the Board were prescribed by the Fisheries Acts, 1842 to 1925, and the objects of the Board were the preservation of the fishings and the maintenance and improvement of part of the Foyle river and its tributaries described in the Schedule to the said Order of the 17th February, 1926. The annual income of the Board consisted of fishery rates, licences to fishermen, fines and Bank interest. In each of the financial years, 1940 to 1948, inclusive (except the year, 1944-45) the annual income derived by the Board from these sources exceeded the expenditure of the appropriate year. For the purposes of assessment to income tax the expenditure for each of the said years was apportioned, by the Inspector of Taxes, as between rates and other sources of revenue, and the surplus revenue...