FEDERAL BOARD OF INLAND REVENUE V. S. O. ADENUBI

ADEMOLA, C.J.F.:- The appellants have appealed against the judgment of the Chief Justice, High Court, Lagos, in an Income Tax matter arising out of assessment made upon the respondent for the year of assessment 1959-60. The respondent, who was dissatisfied with the assessment made upon him, appealed to the Appeal Commissioners who allowed his appeal. The present appellants (Federal Board of Inland Revenue) in turn appealed to the High Court, Lagos, against the decision. The appeal was dismissed, and this is an appeal against that judgment.

The facts are not in dispute. The respondent (Adenubi) is by profession a schoolmaster; he owns property and he also trades in textiles. He was assessed in respect of his profession, for his rentals and also for his income in the textile trade. There was also assessment in respect of his wife's income from trading as well as those from her rentals.

The point which led to the present dispute is in respect of the respondent's income from his textile t…