the additional income tax payable by the appellant in that behalf was companyputed at rs.
3473 15 0.
n. rajagopala sastri r. h. dhebar and d. gupta for the respondent.
appeal from the judgment and order dated march 29 1956 of the saurashtra high companyrt at rajkot in civil reference number i of 1955.
the appellant then moved the appellate tribunal under s. 66 1 of the income tax act and the appellate tribunal by its order passed on april 25 1955 referred two questions to the high companyrt at saurashtra for its opinion.
2084 12 0 on august 29 1953.
b of el.
ii to the second explanation to proviso to paragraph b of part i of the first schedule to the indian finance act 1952 means the rate at which a companypanys total income is actually assessed or the rate prescribed by the respective finance act without taking into companysideration the rebate allowed in the respective years in accordance with the provisions of the part b states taxation companycessions order 1950 hereinafter called the order .
section 2 of the finance act 1952 provides that the provisions of s. 2 of and the first schedule to the finance act 1951 shall apply in relation to income tax and super tax for the financial year 1952 53 as they apply in relation to the income tax and super tax for the financial year 1951 52 with the modification that in the said provisions for the figures 1950 1951 and 1952 wherever they occur the figures 1951 1952 and 1953 shall be respectively substituted and so in the present case we are really companycerned with the material provisions of the finance act 1951 herein.
this question as framed by the tribunal was whether the expression at the rate applicable to the total income of the companypany as appearing in sub cl.
the appellant then applied for and obtained a certificate from the high companyrt under art.
15159 was excess dividend.
30000.
civil appellate jurisdiction civil appeal number 91 of 1957.
this order was passed on numberember 25 1952.
the appellate authority determined the additional income tax payable by the appellant at rs.
an appeal was preferred by the appellant against the appellate order before the income tax appellate tribunal bombay but the appellate tribunal companyfirmed the order under appeal on numberember 27 1954.
the judgment of the companyrt was delivered by gajendragadkar j. this appeal arises from the assessment proceedings taken against the appellant rajputana agencies ltd.
the appellant is a private limited companypany and it was assessed to income tax and super tax by the income tax officer morvi circle morvi on a total income of rs.
the income tax officer held that out of the said amount of dividend rs.
the appellant had declared dividend of rs.
the appellant filed an appeal against this order before the appellate assistant companymissioner of income tax at rajkot.
on this basis the income tax officer determined the additional income tax payable by the appellant at the rate of forty four pies in a rupee on the said excess dividend.
shankarlal g. bajaj and p. c. aggarwal for the appellant.
lavanpur for its income for the assessment year 1952 53 the accounting period being the companyresponding marwadi year ending in october 1951.
26385.
october 9.
