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PETITIONER: MRS. KUSUMBEN D. MAHADEVIA
Vs.
RESPONDENT: THE COMMISSIONER OF INCOME-TAX,BOMBAY.
DATE OF JUDGMENT: 30/03/1960
BENCH: HIDAYATULLAH, M. BENCH: HIDAYATULLAH, M. DAS, S.K. KAPUR, J.L.
CITATION: 1960 AIR 907 1960 SCR (3) 417 CITATOR INFO : R 1961 SC 107 (13) RF 1961 SC1633 (13,26) RF 1963 SC1356 (121) R 1963 SC1484 (7) RF 1973 SC1023 (13)
ACT: lncome-tax--Reference--High Court’s jurisdiction-If can decide a question not decided by the Tribunal--Indian Income-tax Act, 1922 (XI of 1922), s. 66--The States (Taxation Concessions) Order, 1949, Para. 4.
HEADNOTE: The appellant was a shareholder of a company known as Mafatlal Gagalbhai and Co., Ltd. The Company with its registered office at Bombay was at all material times resident in British India. It was also doing business in the former Baroda State and used to keep its profits derived in that State with Mafatlal Gagalbhai Investment Corporation, Navsari. In the year 1949 Mafatlal Gagalbhai and Co. Ltd. declared dividends out of profits which had accrued partly in British India and partly in the Indian State. The appellant was assessed to income-tax on the dividends earned by her. She did not bring those dividends into British India and claimed the benefit of para. 4 of the Merged States (Taxation Concessio...