COMMISSIONER OF INCOME TAX Vs. SHANTILAL C MEHTA ADMINISTRATOR OF THE ESTATE OF LATE MADAN SHUM SHER JUNG BAHADUR RANA OF NEPAL

JUDGEMENT

(1.) This reference under Section 66(1) of the Indian Income-tax Act, 1922, is at the instance of the Commissioner of Income-tax, West Bengal IT, Calcutta. The facts relating thereto which have been found and/or are not in dispute are briefly as follows : The assessee is Shantilal C. Mehta, the administrator to the estate of Late Madan Shum Slier Jung Bahadur Rana of Nepal. The assessment years involved are 1952-53 and 1953-54. The corresponding previous years are the financial years ending respectively on the 31st March, 1952, and on the 31st March, 1953.

(2.) Madan Shum Sher Jung Bahadur Rana of Nepal, hereinafter referred to as " the Rana ", was during his lifetime assessed to income-tax in the non-resident refund circle, Bombay, in respect of dividends and interest on securities. He died intestate on or about 20th June, 1953. Letters of administration were issued by this court on the 6th January, 1954, in favour of the assessee.

(3.) The Income-tax Officer, " A " Ward, District 1(1), Calcutta, started proceedings under Section 34 of the Indian Income-tax Act, 1922, with notices under the said section issued on the 18th March, 1961, in respect of both the assessment years as follows : <FRM>JUDGEMENT_79_ITR113_1978Html1.htm</FRM>