1969 (9) TMI 16

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..... ax Act, 1922 (hereinafter called " the Act "), by the Income-tax Appellate Tribunal, Delhi Bench " C " (hereinafter called " the Tribunal "). In this case the assessee is a limited company. For the assessment year 1955-56, the assessee was assessed on a total income of Rs. 56,887 and the income-tax payable was determined at Rs. 24,710. The net surplus available for distribution as dividend to the .....

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..... ipur, which were dismissed. Then two separate appeals were filed before the Tribunal. The Tribunal held that the order under section 23A(1) having been passed beyond the period of limitation prescribed under section 34(3) of the Act was not valid in law and the orders were, therefore, set aside. On the application by the Commissioner of Income-tax, this consolidated reference has been made by the .....

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..... n of liability under section 23A and that the order which contemplates computation of the amount of tax payable is not an order of assessment within the meaning of the Act; nor does prescribing of procedure for determining and imposing tax liability make it an order of assessment. Learned counsel for the assessee has tried to obviate the force of this authority by pointing out that while computati .....

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