TMI Blog1984 (2) TMI 14X X X X Extracts X X X X X X X X Extracts X X X X ..... gains arising to the assessee on that sale. The Income-tax Officer computed those gains at Rs. 25,49,538. On an appeal by the assessee, the Appellate Assistant Commissioner reduced the quantum of capital gains to Rs. 20,07,728. While giving effect to the order of the Appellate Assistant Commissioner and determining the tax due, the Income-tax Officer changed the basis of computing the relief in respect of the dividend income of the assessee. In the original assessment order, the Income-tax Officer had adopted the basis of the tax rate of 25% of the dividend income; whereas in giving effect to the order of the Appellate Assistant Commissioner, he adopted the tax rate at 53.51 %. The appeal preferred by the assessee against the aforesaid orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... worked out in the assessee's case by excluding the capital gains from the total income as also the tax thereon from the total tax? " Question No. 2 which has been referred to us at the instance of the respondent-assessee is as follows: "(2) Whether, on the facts and in the circumstances of the case, the Income-tax Officer acted illegally in altering the rate of relief on the dividend income from 40% to 11.49% while giving effect to the order of the Appellate Assistant Commissioner dated April 13, 1968, pertaining only to the computation of capital gains?" As far as question No. 1 is concerned, it is common ground that the same is concluded in favour of the Revenue, as far as this court is concerned, by the decision of a Division Benc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issions negatived in the appeal by the Tribunal. We find that the controversy on the basis of which question No. 2 has been referred has not been dealt with by the Tribunal at all, although Mr. Dastur pointed out that an argument had been advanced as mentioned earlier in that connection by the respondent-assessee before the Tribunal. Nothing has been shown to us from the judgment of the Tribunal to show that the Tribunal has dealt with that controversy. As that question has not been gone into by the Tribunal, we do not see how it would be proper for us to consider and determine that question. It will be open to the Tribunal to consider the controversy reflected in question No. 2 if it thinks fit, in view of question No. 1 having been answ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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