1969 (12) TMI 6 - SC - Income Tax

For the purpose of bringing to tax the dividend income of the assessee and having regard to the provisions of the Part B States (Taxation Concessions) Order, 1950, the dividend income should be subject to tax at the concessional rates mentioned in the Schedule to the Order as held by the High Court - respondent was entitled to choose the financial year as the previous year in relation to the commission income - view taken by the High Court is correct - Revenue s appeal dismissed

Summary

Issues:
1. Determination of the 'previous year' for assessing income from managing agency, selling agency, and financing of a company for the assessment year 1950-51.
2. Taxation of dividend income for the assessment year 1950-51 under the Part B States (Taxation Concessions) Order, 1950.

Analysis:

Issue 1:
The appeal raised the question of the 'previous year' for assessing income from managing agency, selling agency, and financing of a company for the assessment year 1950-51. The assessee, a Hindu undivided family, argued that its 'previous year' ended on March 31, 1950, while the tax authorities contended otherwise. The Income-tax Officer, the Appellate Assistant Commissioner, and the Appellate Tribunal held that the relevant account year was the Diwali year ending on October 21, 1949. The High Court determined that the financial year ending March 31, 1950, was the 'previous year' for the sources of income in question. The Supreme Court, citing a previous decision, upheld the High Court's decision on this issue.

Issue 2:
Regarding the taxation of dividend income for the assessment year 1950-51 under the Part B States (Taxation Concessions) Order, 1950, the High Court ruled that the income-tax and super-tax on the dividend income should be at the concessional rates specified in the Order. The Supreme Court analyzed the relevant provisions of the Order, particularly paragraphs 5, 6, and 12. It noted that the assessee, being a resident of Madhya Bharat, was entitled to the benefits outlined in these paragraphs. The Court emphasized that the dividend income, falling under paragraph 12 of the Order, was only subject to super-tax, not income-tax. Therefore, the Court affirmed the High Court's decision that the income-tax on a portion of the dividend income and the super-tax on the entire dividend income should be levied at the rates prescribed in the Schedule to the Order. Consequently, the appeal was dismissed, upholding the High Court's ruling on this issue.