t. desai and k. r. chaudhari for the respondents.
v. gupte solicitor general r. d. karkhanis and r. n. sachthey for appellant.
at the annual general meeting held on december 4 1957 the companypany declared rs.
the income tax officer special investigation circle ahmedabad determined the taxable income of the assessee for the assessment year 1957 58 at rs.
appeal from the judgment and order dated february 21 1964 of the gujarat high companyrt in special civil application number 802 of 1962.
a b of sub s. 1 of s. 23a the income tax officer issued a numberice on numberember 15 1961 calling upon the assessee to show cause why an order under s. 23a should number be made for the assessment year 1957 58 and submitted the record to the inspecting assistant companymissioner seeking permission under sub s. 8 .
p. mehta d. pal and d. n. gupta for intervener number 2.
civil appellate jurisdiction civil appeal number 1082 of 1965.
since the dividend declared by the company was less than the statutory percentage of the total income of the companypany as reduced by the taxes specified in cls.
110769/ .
the assesses then applied to the high companyrt of gujarat under art.
gopalakrishnan and s. swaminathan for intervener number 4.
the judgment of the companyrt was delivered by shah j. m s navanagar transport industries limited hereinafter called the assessee is a companypany in which the public are number substantially interested within the meaning of s. 23a of the indian income tax act 1922.
226 of the companystitution for a writ of mandamus restraining the income tax officer from giving effect to the numberice under s. 23a against the assessee.
8767/as dividend payable to the shareholders for the year ending march 31 1957.
the income tax officer has appealed to this companyrt with certificates granted by the high companyrt.
pal and d. n. gupta for intervener number 3.
vankatraman and r. gopalakrishnan for intervener number 1.
