PURUSHOTTAMDASS BANGUR Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THIS is a reference under Section 66 (1) of the Indian Income-Tax Act, 1922 (hereinafter called the Act) made by the Income-Tax Appellate Tribunal, Delhi Bench 'B' and it arises out of the following circumstances :

(2.) THE assessee in this case has been. assessed as an individual. THE assessment year concerned is 1957-58 for which the relevant previous year is the financial year ending on 31st of March, 1957. THE assessee had various sources of income out of which one source was the income from dividends. THE Income-tax Officer, Special Investigation Circle, Jaipur, while assessing the income of the assessee increased the income-tax on dividend income which was undoubtedly included in the unearned income by 15 per cent to compute the amount of special surcharge as per the Finance Act, 1957. THE assessee challenged the assessment order by filing an appeal before the Appellate Assistant Commissioner of Income-Tax, 'A' range, Jaipur, on various grounds, but this question that special surcharge at the rate of 15 per cent could not be imposed on his dividend income was not raised in that appeal by the assessee.