M M AISHOE Vs. INCOME TAX OFFICER

JUDGEMENT

(1.) THE petitioner is a shareholder of M/s Mackar Pillai & Sons Ltd., Alwaye, and the respondents, the ITO, Alwaye Circle, Alwaye, and the AAC of , Trivandrum. The controversy relates to the asst. yr. 1954 55. During the relevant year of account the petitioner received a dividend of Rs. 1,000 from the company above mentioned. The company itself had no income during the period concerned and was not assessed to income tax under the Indian IT Act, 1922.

(2.) EXHIBIT P is the order of the first respondent (ITO) dt 25th June, 1955. He said :

(3.) THE provisions on which the learned counsel for the petitioner relies in support of his contentions are Ss. 16(2), 18(5) and 49B of the Indian IT Act, 1922.