TMI Blog1970 (11) TMI 28X X X X Extracts X X X X X X X X Extracts X X X X ..... or the one adopted by the assessee is correct. The method adopted by the Tribunal is as follows : "According to section 17(4), clause (a), the super-tax payable by the assessee would be the super-tax which would have been payable on his total income, viz., Rs. 77,295 as reduced by the amount of income brought into British India out of the past State profits, viz., Rs. 27,229 (CC), i.e., the super-tax on Rs. 50,066 (AA + BB) which amounts to Rs. 3,762-6-0 multiplied by the fraction 77295/50066. The super-tax payable by the assessee, applying the provisions of section 17(4) alone would, therefore, be Rs. 5,859. But the total income of the assessee in this case also included Rs. 27,436 (BB), income which accrued to the assessee in Indian St ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... calculation. Both the counsel are agreed that some assumptions have been made in the two orders but there is a difference between them with regard to the actual assumption. In the circumstances we agree with Mr. Awasthy that the reference may be sent back to the Tribunal with the direction that the point of controversy may be made more clear in terms of the different provisions of law having bearing on the subject. We order accordingly." Thereafter, the supplementary statement of the case was submitted by the Tribunal and that is how the matter has been placed before us. On the main facts there is no dispute. The assessee is a Hindu undivided family carrying on timber business. It does work in the name and style of M/s. Baishno Das Kish ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... part of it been so exempted the same proportion as the total income less the portion so exempted bears to the total income. (4) Where any income exempted from tax under clause (c) of subsection (2) of section 14 which has been taken into account under sub-section (2) or sub-section (3) of this section as part of the total income of an assessee for the purpose of determining the income-tax or super-tax payable by him is in a subsequent year brought into or received in the taxable territories by the assessee and becomes chargeable with tax accordingly, the tax including super-tax payable by the assessee on his total income of that subsequent year shall be (a) the amount which bears to the total amount of the tax including super-tax which w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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