RAMESH R SARAIYA BHARAT KUMAR R SARAIYA MRS PADMAVATI R SARAIYA DR PRATAP R SARAIYA IN THE COMMISSIONER OF INCOME TAX BOMBAY CITY Vs. COMMISSIONER OF INCOME TAX BOMBAY CITY 2 RAMESH R SARAIYA BHARAT KUMAR R SARAIYAPADMAVATI R SARAIVADR PRATAP R SARAIYA

JUDGEMENT

(1.) THE following judgment of the court was delivered by

(2.) THIS judgment will dispose of 12 appeals from the judgments of the High court of Bombay, dated 17/03/1958, whereby the High court answered the questions referred to it partly in favour of the assessee and partly in favour of the Department. The four questions answered by the High court are: ' I. Whether the initiation of action under section 34 for the purpose of bringing to tax the net dividend income of Rs. 579.00 (suitably grossed) was valid ? 2. Whether the said 'P. portion of the dividend income' forms part of the assessee's total income as that term is defined in section 2(15) of the Indian Income Tax Act, 1922 ? 3. Whether having regard to the provisions of the Indo-Pakistan Agreement, the assessee is entitled to any 'relief' on the said 'P. portion of dividend income'? 4. D. Whether the other moiety of the dividend of Rs. 1,71,992.00 declared by the Company on 14/10/1952 is properly includible in the total income of the assessee of the previous year S.Y. 2008 for the assessment year 1953-54 ?' (The figures in these questions are in respect of Shri Purshottamdas Thakurdass.)

(3.) ON 7/02/1961, the High court granted the necessary certificate to Assessee 'A'. The Commissioner of Income Tax, however, did not appeal against the judgment of the High court on the supplementary question.