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1963 (3) TMI 45 - SUPREME COURTWhether the dividends paid by j. Thomas & Co. Ltd., to Mrs. Judith Thomas, grossed up to the sums of Rs. 97,091/-, Rs. 78,272/, Rs. 1,00,000/. and Rs. 16,385/respectively for the four years in question could be included in the income of Mr. P.J.P. Thomas and be taxed in his hands under the provisions of section 16 (3) (a) (iii) of the Indian lncome-tax Act? Whether the transfer of shares made by the assessee in favour of Mrs. Judith Knight on December 10, 1947 was to take effect only from the date of their marriage? Whether the dividends referred to above could be included in the total income of Mr. P. J. P. Thomas under the provisions of sec. 16 (1) (c) of the Indian Income-tax Act? Held that:- Allow the appeals and answer the question referred to the High Court in favour of the assessee. Sub-cl. (iii) of s. 16 (3) (a) is not attracted to these cases.
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