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1963 (3) TMI 49 - SC - Income TaxWhether Rule 8-A is framed in exercise of the power reserved under S. 26 of the Abolition Act to effectuate the provisions of cl. (d) of S. 6, and adjustment under the Rule can only be made in respect of agricultural income-tax payable for any period prior to the date of vesting? Held that:- Rule 8-A requires the Collector to adjust the liability to pay agricultural income-tax due by the intermediary against compensation payable to him. This order, the High Court has directed the Collector to make in favour of the respondent, but in making the order the High Court has proceeded on the assumption that compensation bonds remain to be delivered to the respondent. For reasons already set out, there are no materials on which the truth of the assumption may be ascertained. We, therefore, set aside the order passed by the High Court and remand the case to the High Court for deciding whether there are any compensation bonds remaining to be delivered, and if not, whether by any appropriate order or direction, adjustment of tax liability against compensation due to the respondent, which has been directed by the High Court, under Rule 8-A can be made effective. The High Court will dispose of the petition on the evidence already on record, or such other evidence as may be brought on the record by the parties.
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