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1961 (12) TMI 5 - SUPREME COURTWhether the dividend income of ₹ 11,09,332 received from the Binod Mills was chargeable under the War Profits Tax Ordinance ? Held that:- The dividend received by the respondent from the Binod Mills Ltd. was properly included by the assessing authorities in the computation of the taxable profit of the respondent under the Ordinance and that the High Court erred in answering the reference in favour of the assessee. We have already pointed out that the High Court did not deal with or express any opinion on the two subsidiary contentions urged by the respondent with reference to the first question. Those points were also naturally not argued before us and we do not express any opinion on them. It is obvious that the reference cannot be disposed of without deciding these contentions and the case would have to be remanded to the High Court for dealing with these subsidiary points. Appeal allowed.
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