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1959 (5) TMI 15 - SC - Income TaxWhether the assessee is entitled to relief granted by the Notification No. 878-F dated March 21, 1922, as amended by Notification No. 8 dated March 24, 1928? Held that:- Having regard to the purpose of the notification and the context and the sequence in which the words "assessed" and "charged" have been used, it is clear that the word "charged" does not, in the notification, mean the mere statutory liability to pay tax but goes further and includes the actual charge or levy. Apart from the fact that in view of the claim for relief under section 25(4) the Income-tax Officer need not have taken the trouble of going through the process of assessment of the firm's income at all, it is not disputed that in fact the firm's income has not been assessed to tax and no tax has been charged in the sense of being levied. In this view of the matter the third condition has not been fulfilled and the assessee cannot, therefore, claim any relief under the notification. The referred question should, in our opinion, be answered in the negative. The appeal is, therefore, allowed.
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