1953 (2) TMI 46 - HC - Income Tax

Issues Involved:
1. Jurisdiction of the Appellate Tribunal under Section 66(1) of the Indian Income-tax Act.
2. Applicability of Baroda State Income-tax Act vs. Indian Income-tax Act.
3. Procedural implications of the merger of Baroda State with India.
4. Right to appeal or reference under the Baroda law vs. Indian law.

Detailed Analysis:

1. Jurisdiction of the Appellate Tribunal under Section 66(1) of the Indian Income-tax Act
The primary issue was whether the Appellate Tribunal had jurisdiction to make a reference to the High Court under Section 66(1) of the Indian Income-tax Act. The petitioners argued that the Tribunal should exercise the jurisdiction conferred under the Indian Income-tax Act. However, the Tribunal held that it had no jurisdiction to make such a reference. The Court concluded that the Tribunal was acting in place of the Huzur Adalat under the Baroda law, which did not provide for a right of reference to the High Court.

2. Applicability of Baroda State Income-tax Act vs. Indian Income-tax Act
The petitioners were assessed under the Baroda State Income-tax Act for the assessment year 1947-48. After the merger of Baroda with India, the Indian Income-tax Act was extended to the merged states by the Taxation Laws (Extension to Merged States and Amendment) Act, 1949. However, Section 7 of this Act specified that the Baroda law would continue to apply for the purposes of levy, assessment, and collection of income-tax for periods not included in the previous year for assessment under the Indian Income-tax Act. The Court emphasized that the procedural law regarding assessment continued to be governed by the Baroda law.

3. Procedural Implications of the Merger of Baroda State with India
With the merger of Baroda State, the Huzur Adalat was abolished, and the Indian Income-tax Appellate Tribunal was designated to take its place. The Central Government issued an order specifying that appeals pending before the Huzur Adalat would be heard by the Appellate Tribunal. However, the Court noted that this did not confer any new rights upon the petitioners that they did not already possess under the Baroda law. The procedural law for assessment remained the same as under the Baroda law, and the Indian Income-tax Act's procedural provisions did not apply.

4. Right to Appeal or Reference under the Baroda Law vs. Indian Law
The Court held that the petitioners' rights were governed by the Baroda law, which did not provide for a further right of appeal or reference to the High Court. The Indian Income-tax Act, which provided for such a right, was not applicable to the petitioners' assessment for the year 1947-48. The Court clarified that the Appellate Tribunal was merely substituting the Huzur Adalat and performing its functions, and therefore, the procedural rights under the Baroda law continued to apply.

Conclusion:
The Court dismissed the appeal, concluding that the Appellate Tribunal had no jurisdiction to make a reference to the High Court under Section 66(1) of the Indian Income-tax Act. The procedural law applicable was the Baroda State Income-tax Act, which did not provide for such a reference. The merger of Baroda State with India and the subsequent extension of the Indian Income-tax Act did not alter the procedural rights of the petitioners for the assessment year 1947-48. The appeal was dismissed with costs.

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