1969 (1) TMI 12 - HC - Income Tax

Summary

Issues:
Interpretation of the term "income-tax" under the Finance Act, 1957 regarding the imposition of special surcharge on dividend income.

Analysis:
The case involved a reference under section 66(1) of the Indian Income-tax Act, 1922, regarding the imposition of special surcharge on dividend income for the assessment year 1957-58. The controversy arose as to whether the special surcharge was a separate item of taxation from income-tax and if it could be levied on dividend income despite the provisions of the Finance Act, 1957.

The assessee contended that the term "income-tax" under the Finance Act, 1957, included the special surcharge, and therefore, the assessing authority could not impose a special surcharge on dividend income. The department argued that the term "income-tax" in the Act did not encompass the special surcharge, and the surcharge was to be added to the calculated income-tax amount.

The court analyzed the provisions of the Finance Act, 1957, and concluded that the term "income-tax" in the Act did not include the special surcharge. The court highlighted that the special surcharge was a new provision introduced by Parliament to meet financial requirements for the year 1957-58. The court emphasized that the income-tax on dividend income should be calculated first, and then the surcharge and special surcharge should be added as per the provisions of the Act.

Ultimately, the court held that the assessing authority was justified in imposing the special surcharge on the dividend income of the assessee. The court answered the question referred to it in the affirmative, supporting the imposition of the special surcharge on dividend income as per the Finance Act, 1957.