Skip to content


Dalmia Dadri Cement Ltd. Vs. Commissioner of Income-tax (Central) - Court Judgment

LegalCrystal Citation
SubjectDirect Taxation
CourtPunjab and Haryana High Court
Decided On
Case NumberIncome-tax Reference No. 20 of 1970
Judge
Reported in[1972]86ITR580(P& H)
ActsFinance Act, 1957
AppellantDalmia Dadri Cement Ltd.
RespondentCommissioner of Income-tax (Central)
Cases ReferredDalmia Dadri Cement Co. Ltd. v. Commissioner of
Excerpt:
- sections 80 (2) & 89 & punjab motor vehicles rules, 1989, rules 85 & 80: [t.s. thakur, cj, jasbir singh & surya kant, jj] appeal against orders of state or regional transport authority imitation held, a stipulation regarding the period of limitation available for invoking the remedy shall have to be strictly construed. that is because any provision by way of limitation is in the nature of a restraint on the remedy provided under the act. so viewed two inferences are clear viz., (1) sections 80 and 89 of the act read with rule 85 of the rules make it obligatory for the authorities making the order to communicate it to the applicant concerned and (2) the period of limitation for any appeal against the order is reckonable from the date of such communication of the reasons would imply..........to tax for the assessment year 1957-58 at the rates prescribed by the finance act, 1957, or in accordance with clause 23 of the agreement dated 1st april, 1938, entered into between the assessee-company and the erstwhile jind state ?'2. the learned counsel for the assessee has frankly conceded that the answer to this question must be returned in view of the decision of the supreme court in dalmia dadri cement co. ltd. v. commissioner of income-tax, [1958] 34 i.t.r. 514 (s.c.) as follows:'the profits and gains earned by the assessee in the calendar year 1956 were assessable to tax for the assessment year 1957-58, at the rates prescribed by the finance act, 1957, and not in accordance with clause 23 of the agreement dated 1st april, 1938, entered into between the assessee-company and.....
Judgment:

1. In this case, the following question of law was referred for our opinion:

Whether, on the facts and in the circumstances of the case, the assessee's profits and gains earned in the calendar year 1956 were assessable to tax for the assessment year 1957-58 at the rates prescribed by the Finance Act, 1957, or in accordance with Clause 23 of the agreement dated 1st April, 1938, entered into between the assessee-company and the erstwhile Jind State ?'

2. The learned counsel for the assessee has frankly conceded that the answer to this question must be returned in view of the decision of the Supreme Court in Dalmia Dadri Cement Co. Ltd. v. Commissioner of income-tax, [1958] 34 I.T.R. 514 (S.C.) as follows:

'The profits and gains earned by the assessee in the calendar year 1956 were assessable to tax for the assessment year 1957-58, at the rates prescribed by the Finance Act, 1957, and not in accordance with Clause 23 of the agreement dated 1st April, 1938, entered into between the assessee-company and the erstwhile Jind State.

3. Thus, we answer the question , in favour of the revenue and against the assessee. There will be no order as to costs.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //