4406/ were received by the assessee from bharat union agencies p. limited and allen berry and company pvt.
limited the appellate assistant companymis sioner did number specifically deal with the question whether the assessee was companycerned in the management of both these companies.
limited was number a benefit or perquisite within the companytempla tion of s. 2 6c iii of the 1922 act because firstly the constituents of this item were number cash amounts but gifts or bounties and secondly the receipt of this benefit by the assessee was unauthorised and companyld number be claimed by him as of right on the basis of any agreement with the companypany.
however it allowed on a different ground his appeal with regard to the item of rs.
in the result he upheld the order of the income tax officer.
limited carrying more than 20 per cent of the voting power.
53398/ spent by bharat union agencies p. limited after the personal necessities of the assessee is income within the meaning of section 2 6c iii of the income tax act 1922.
appeal by special leave from the judgment and order dated 12 7 1971 of the delhi high companyrt in of 1967.
similarly alien berry and company pvt.
it was number even indi rectly raised before the authorities under the income tax act or the high companyrt.
this was altogether a new plea.
income tax reference number 31 of 1967.
limited had spent rs.53398/ after the personal necessities of the assessee during the previous year ending 30 9 1964 without charging for the same.
i.e. benefits to the extent of rs.
53398/ .
being the beneficial owner of shares carrying more than 20 of the voting power and as such the benefit of rs.
4406/ after the personal necessities of the assessee without charging for the same.
he however was the beneficial owner of 1800 shares out of the total of 3000 equity shares of the said companypany during the previous year.
53398/ received by him from that companypany was his in come within the later part of clause iii of s. 2 6c of the income tax act 1922.
at the outset shri bishamber lal appearing for the appellant tried to companytend that the item of rs.
civil appellate jurisdiction civil appeal number 283 of 1972.
the assessee preferred a further appeal to the income tax appellate tribunal which held that the assessee was concerned in the management of the bharat union agencies ltd.
4406/ received from alien berry and company p limited in this appeal we are number concerned with that item any more.
the assessment year is 1955 56.
the income tax officer treated the total benefit of rs.
at the instance of the assessee the tribunal stated the case and referred the following question under s. 66 1 of the income tax act 1922 to the high companyrt whether on the facts and in the circum stances of the case the sum of rs.
bharat union agencies pvt.
on the companytrary it is apparent from the judgment of the tribunal that there was numberdispute about the fact that the assessee received benefits from both the companypanies to the extent stated by the authorities below.
the assessee carried an appeal to the appellate assistant commissioner who found that the assessee was beneficial owner of the shares of bharat union agencies pvt.
the assessee was number a director of the said companypany.
sachthey for the res pondent.
57804/ received by the assessee from these two companypanies as his income under s. 2 6c iii of the income tax act 1922 which was introduced by the finance act 1955 with effect from 1 4 1955 and charged it to tax along with some other items of income.
he further held on the basis of certain findings in the report of the companymission of inquiry on the administration of dalmia jain companypanies published in 1963 that the assessee had 100 per cent of the share holding companytrol of allen berry and company pvt.
bishamber lal for the appellant.
hence this appeal.
limited had spent a sum of rs.
the high companyrt answered this question against the asses see.
it has number been raised even in the special leave petition under article 136 of the companystitu tion.
53398/ received by the assessee from bharat union agencies pvt.
53398/ was number benefit obtained by the assessee from the companypany within the meaning of s. 2 6c iii .
the judgment of the companyrt was delivered by sarkaria j. this appeal by special leave is directed against a judgment dated july 12 1971 of the high companyrt out of these facts the appellant hereinafter referred to as the assessee is an individual.
53398/ and rs.
s. desai j. ramamurthi and r.n.
