8304 in the four assessment years 1944 45 1945 46 1946 47 and 1947 48 as income from dividends.
the shares in respect of which this dividend income was received were the property of the applicant but in the books of the various companypanies these stood in the names of other persons.
the income tax officer did number accept this claim and the appeals of the assessee were rejected by the appellate assistant companymissioner of income tax calcutta a range and by the appellate tribunal.
appeal from the judgment and order dated august 31 1954 of the calcutta high companyrt in income tax ref.
6606 rs.
n. rajagopala sastri r. h. dhebar and d. gupta for the respondent.
march 26.
it appears that these shares were purchased by the applicant from other persons under a blank transfer but the transfers had number been registered with the various companies.
civil appellate jurisdiction civil appeal number 65 of 1956.
the applicant had received sums of rs.
the judgment of the companyrt was delivered by hidayatullah j. messrs.
the divisional bench chakravarti c. j. and lahiri j. in the judgment under appeal merely followed their earlier judgment delivered the same day in income tax reference number 22 of 1953 since reported as hindustan investment companyporation v. companymissioner of income tax 1 .
the facts of the case have been stated with sufficient fulness yet briefly in the statement of the case submitted by the income tax appellate tribunal calcutta bench and may be companyveniently set out in its own words 1 1955 27 i.t.r.
number 57 of 1953.
3831 rs.
c. chatterjee and b. p. maheshwari for the appellant.
it was further claimed that this dividend income should be grossed up under s. 16 2 and credit for the tax deducted should be allowed to the applicant under s. 18 5 .
7954 and rs.
howrah trading companypany limited calcutta hereinafter called the assessee obtained on april 28 1955 a certificate under s. 66a 2 of the indian income tax act from the calcutta high companyrt to appeal to this companyrt against the judgment dated august 31 1954 in income tax reference number 57 of 1953.
it is the latter judgment which gives the reasons for the decision.
the applicants claim in these income tax proceedings was that these shares although number registered in the name of the applicant were the property of the applicant.
