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TMI Blog1968 (12) TMI 23X X X X Extracts X X X X X X X X Extracts X X X X ..... on 34(1)(b) proceedings instituted against the assessee for the assessment year 1951-52. The assessee was a shareholder in a limited company, to which the provisions of section 23A were applied for the assessment year 1951-52 and the dividend of Rs. 23,352 was deemed to have been distributed to the assessee as on October 29, 1950. The order under section 23A was passed on the 28th March, 1956, b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... October, 1950, the relevant financial year would be 1950-51, and, consequently, the proper assessment year for the assessment would be 1951-52, and the Income-tax Officer's action, therefore, in bringing it to tax in the assessment year 1952-53 was not in accordance with law and the assessment would not be sustained. Thereafter, the Income-tax Officer issued a fresh notice under section 34(1)(b) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y of the Madras High Court in K. Simrathmull v. Additional Income-tax Officer, Ootacamund , and of this court in General Construction and Supply Co. v. Income-tax Officer (8th), C-Ward, Section III, Bombay, and held that there was a finding in the Appellate Assistant Commissioner's order for the assessment year 1952-53 that the amount in question was assessable in the year 1951-52, and the Income- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e-tax Officer, A-Ward, Sitapur v. Murlidhar Bhagwan Das) and that a finding or direction by an appellate authority in an order relating to the assessment of one year does not warrant avoidance of the bar of limitation under section 34 of the Indian Income-tax Act, 1922, against the initiation of proceedings for assessment for another year. Since the provision of section 34(3) is not capable of bei ..... X X X X Extracts X X X X X X X X Extracts X X X X
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