Kolah, S. N. Andley, J. B. Dadachanji, Rameshwar Nath and P. L. Vohra, for the appellants.
Rajagopal Sastri and D. Gupta, for the respondent.
Appeals by special leave from the judgment and order dated September 20,1957, of the Bombay High Court in Income Tax Reference No.
January 3.
14 of 1957.
134 to 137 of 1959.
The Judgment of the Court was delivered by HIDAYATULLAH, J. This judgment governs the disposal of Civil Appeals Nos.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
134 to 137 of 1959.
The assessment year under companysideration is 1952 53, and the previous year, the Calendar year, 1951.
In the appeal before the Tribunal, Mr. Tulsidas Kilachand again relied upon the third proviso to s. 16 1 c , and companytended that the case was riot governed by s. 16 3 b and that the dividend income companyld number be included in his assessment.
They have been filed by four assessees with special leave, and arise out of similar facts, and it is number necessary to refer to more than one case to companysider the point in question.
The Tribunal came to the companyclusion that the case was companyered either by s. 16 3 a iii or by s. 16 3 b , and that the income from the shares was, therefore, liable to be included in the income of Mr. Tulsidas Kilachand.
