1985 (3) TMI 33 - HC - Income Tax

Assessment Year, Capital Employed, Industrial Undertaking, Investment Allowance, Profits And Gains, Setting Up

Summary

Issues:
1. Whether the tax deducted at source on dividend income is available to the applicant company for credit?

Analysis:
The judgment pertains to a case where an assessee company was formed by the amalgamation of three companies. The issue in question was whether the tax deducted at source on dividend income is available to the applicant company for credit. The dividend income arose to the companies holding shares in the amalgamated company. The Income-tax Officer treated the dividend income, including the tax deducted at source, as the income of the amalgamated company. The assessee contended that the dividend income should not be treated as its income, but it should receive credit for the tax deducted at source. The Commissioner of Income-tax (Appeals) directed the Income-tax Officer to exclude the dividend income from the total income of the assessee but advised approaching the authorities for a refund of the tax wrongly deducted. The Tribunal upheld the decision that the tax deducted at source could not be credited to the assessee since the dividend income was not taxed in its hands.

The Tribunal found that the dividend income was not to be assessed in the assessee's hands, leading to the conclusion that the tax deducted at source could not be given credit to the assessee. The judgment highlighted the provisions of the Income-tax Act, specifically sections 198 and 199, which deemed the tax deducted at source as income received by the person from whose income the deduction was made and allowed credit only to that person. It emphasized that one person cannot claim credit for tax paid by another person under the Act. Therefore, the court declined to direct a reference in the case, ultimately dismissing the petition with costs.

In conclusion, the judgment resolved the issue by clarifying that the tax deducted at source on dividend income cannot be credited to the assessee company if the dividend income is not assessed in its hands. The decision was based on the provisions of the Income-tax Act, which dictate that credit for tax deducted at source can only be given to the person from whose income the deduction was made.