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1964 (11) TMI 4 - SC - Income TaxWhether the dividend was paid out of the net profits on hand of the year 1952? Whether the profits of the year 1951 on which rebate was given were availed of for distributing dividend? Held that:- In this case, however, the High Court has declined to exercise its discretion on the ground that disputed questions of fact arose which it would not be justified in considering in a petition under article 226 of the Constitution. There is again no ground for holding without full investigation that any injustice patent or otherwise has resulted. It is true that the Income-tax Act provides no appeal against the order passed under section 35(10). But that cannot by itself be a ground for ordering the High Court to entertain a petition which, in the exercise of its discretion, the High Court has declined to entertain. It may be noticed that a party aggrieved by an order under section 35(10) is not without a remedy. An application under section 33-A(2) to the Commissioner of Income-tax for correcting the order undoubtedly lies against an order under section 35(10). Appeal dimissed.
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