4,462 7/128 Shri Kamal Nayan Chamanlal Parekh do.
The Commissioner of Income tax obtained a certificate of fitness and filed the present appeal.
4, in A above as karta of the joint family estate of Sheth Chamanlal Girdhardas Parekh 3,899 Sheth Mathuradas Mangaldas Parekh No.2 in A above as guardian and father of minor, Ben Purnima Mathuradas.
The Commissioner of Income tax, Bombay City I, is the appellate and the Jubilee Mills Ltd., Bombay, the respondent.
1,000 3.
The following is a detailed break up of the share holdings CATEGORY A Shares held by directors who are partners in the firm of managing agents Holding of ordinary shares Share in the partnership firm of managing agents firm Holding of the Ist preference shares Shri Homi Mehta 8/128 Nil Sheth Mathurdas Mangaldas Parekh 6,466 14/128 Madan Mohan Mangaldas 11,052 14/128 Madhusudan Chamanlal Parekh 3,616 7/128 Mahendra Chamanlal Parekh 3,616 7/128 Surendra Mangaldas Parekh 7,053 14/128 Indrajit Chamanlal Parekh 3,616 7/128 35,469 CATEGORY B Shares held by partners of managing agents firm excluding the holding of the directors who are also partners as shown above Holding of ordinary shares Share in the partnership firm of managing agents firm Holding of the Ist preference share Shri Harshavadan Mangaldas 11,053 14/128 Mrs.Savitagavri Chamanlal Parekh 3,750 7/128 Shri Virendra a minor by his Chamanlal mother and Parekh guardian Mrs.Savitagavri Chamanlal Parekh 6,328 7/128 Shri Manmohan Chamanlal Parekh do.
4,962 7/128 Shri Nutan Chamanlal Parekh do 4,962 7/128 Shri Hussein Essa 6,142 8/128 Nil 41,659 CATEGORY C Shares represented by the directors Holding of ordinary shares Holding of the 1st preference shares Sheth Madhusudan Chamanlal Parekh No.
The assessee companypany then applied for decision by the High Court Whether, on the facts and in the circumstances of the case, the Income tax Officer was companypetent to pass an order under section 23A 1 of the Act after having allowed a rebate of one anna per rupee in the assessment under proviso a to paragraph B of part I of the Second Schedule of the Finance Act, 1948 ?
do do Ben Veena 1,000 4.
do do Ben Sunita 1,000 5.
12,75,000 in the profit and loss account which had to be paid out of capital.
The judgment of the companyrt was delivered by HIDAYATULLAH J. This is an appeal on a certificate of fitness granted by the High Court of Bombay against the judgment of the High Court dated March 13, 1958, on a reference made by the Income tax Appellate Tribunal.
