Home Case Index All Cases Income Tax Income Tax + SC Income Tax - 1965 (11) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
1965 (11) TMI 34 - SUPREME COURTWhether, on the above facts and circumstances of the case, the assessee is entitled to rebate equal to the difference between the British Indian rate and Baroda State rate in respect of the dividend income ? Whether, on the facts and circumstances of the case, the dividend income accrued or arose to the assesee at Bombay ? Held that:- Since that amendment, income accruing or arising after the merger in Indian States outside British India alone would be exempt under section 14(2)(c). There is nothing in the Concessions Order which suggests that it was intended to ensure continuance of the exemption under section 14(2)(c) to residents of British India as it was before merger, as if the merger had not taken place. The use of the expression " had he been resident in the taxable territories " introduces a fiction; it grants the benefit of section 14(2)(c), though on the express terms it is not available, to a person who was not before the merger covered thereby, and in respect of income which would have been, if the Merger Act had not been passed, exempt from taxation in his hands, if he had been resident in British India. In the view on the first question, it is unnecessary to record an answer on the second question. Appeal dismissed.
|