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1962 (11) TMI 48 - SC - Income TaxWhether on its true construction, subsection (10) of section 35 applies in a case where a company declares dividends by availing itself wholly or partly of the amount on which a rebate of income tax was earlier allowed to it under clause (i) of the proviso to Paragraph B of Part 1 of the relevant Schedules to the Finance Acts, when such dividends were declared prior to the coming into force of the sub-section, that is prior to April 1, 1956? Whether sub-section (10) can apply to an assessment which had been made before sub-section (10) came into force? Held that:- Appeal dismissed. Interpretation of section 35(10) as opined in the judgment of the High Court was right. Unable, to agree with the respondent that the language of sub-section (10) by necessary implication takes the legal fiction back to a period earlier than April 1, 1956
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