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TMI Blog1984 (8) TMI 178X X X X Extracts X X X X X X X X Extracts X X X X ..... companies and not the gross dividend should be taken as the taxable income?" 2. The relevant facts in brief are that the assessee is a resident and ordinarily resident. He filed a return on 21st June, 1980 admitting a foreign income of Rs. 83,736 which represented gross dividends received at United Kingdom. However, vide his letter dt. 24th Feb., 1982 the assessee contended that only the net income after deduction of tax deducted at source be taxed and not the gross income. The ITO rejected the assessee s plea and thereby taxed the gross amount of dividend income received in U. K. On appeal the AAC reversed the order of the ITO and directed him to tax only the net dividend. The Tribunal dismissed the appeal filed by the department and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d and as such we accept it. The reason is that the reference is to be allowed if it is proved that the application in the case which is followed by the Tribunal in deciding the assessee s appeal in passing the impugned order has been allowed, otherwise not. The departmental representatives are not at all filing copies of order relied upon by them to substantiate their contentions even if time is given to do so, rather they take it lightly and go on criticising the CIT stating therein that their demands are not met by him. It is for the CIT to look into it as the Tribunal is to allow or accept a contention if the same is substantiated, otherwise to reject it. Accordingly we hold that the reference application of the revenue is liable to be r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hird Member, under s. 255(4) of the IT Act, 1961: "Whether on the facts and circumstances of the case the question of law proposed by the CIT does arise out of the order of the Tribunal and should be referred to the Madras High Court?" 31st Aug., 1984 Order M. R. SIKKA, VICE-PRESIDENT (AS A THIRD MEMBER): There being difference of opinion between the ld. J. M. and the ld. A. M., the following question has been referred to me for decision as Third Member: "Whether on the facts and circumstances of the case, the question of law proposed by the CIT does arise out of the order of the Tribunal and should be preferred to the Madras High Court?" 2. In the course of assessment proceedings for the asst. yr. 1979-80, the assessee submit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... el for the assessee is substantiated and as such we accept it. The reason is that the reference is to be allowed if it is proved that the application in the case which is followed by the Tribunal in deciding the assessee s appeal in passing the impugned order has been allowed, otherwise not. The departmental representative are not at all filing copies of the orders relied upon by them to substantiate their contentions even if time is given to do so, rather they take it lightly and go on criticising the CIT stating therein that their demands are not met by him. It is for the CIT to look into it as the Tribunal is to allow or accept a contention if the same is substantiated, otherwise to reject it. Accordingly, we hold that the reference appl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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