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october 1958

Supreme Court of India · 1958-10-09

RAJPUTANA AGENCIES LTD. vs COMMISSIONER OF I. T., BOMBAY

Citation / case number
SC 1957/60121
Court
Supreme Court of India
Petitioner
RAJPUTANA AGENCIES LTD.
Respondent
COMMISSIONER OF I. T., BOMBAY
Bench
GAJENDRAGADKAR, P.B.

Judgment text excerpt

The Supreme Court held that the expression 'rate applicable to the total income of the company' in the context of additional income-tax under the Indian Finance Act, 1951, refers to the rate actually applied, not the statutory rate. The assessee, Rajputana Agencies Ltd., was assessed at a rate of forty-four pies per rupee on the excess dividend of Rs. 15,159, which was correctly determined based on the actual assessment rate. The Court upheld the additional income-tax liability as calculated by the Income-tax Officer, confirming the interpretation of the relevant provisions of the Finance Act.

RAJPUTANA AGENCIES LTD. vs COMMISSIONER OF I. T., BOMBAY · Niyam