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Commissioner of Income-tax (Central), Calcutta Vs. Bikaner Trading Co. Ltd. - Court Judgment

LegalCrystal Citation
SubjectDirect Taxation
CourtSupreme Court of India
Decided On
Case NumberCivil Appeals Nos. 699 and 700 of 1968
Judge
Reported in[1970]78ITR12(SC); (1971)3SCC795b
AppellantCommissioner of Income-tax (Central), Calcutta
RespondentBikaner Trading Co. Ltd.
DispositionAppeal Dismissed
Excerpt:
- [ a.n. grover,; j.c. shah,; k.s. hedge and; v.r. ramaswami, jj.] -- income tax — dividend — no evidence as to time of handing of dividend warrants — burden on the department — held no liability to pay income tax -- by our order, dated february 12, 1969, we directed the income tax appellate tribunal to submit a supplementary statement of case “with regard to the point of time when the dividend warrants were delivered to the assessee”......the appeals fail and are dismissed. there will be no order as to.....
Judgment:

J.C. SHAH, J.

1. By our Order, dated February 12, 1969, we directed the Income tax Appellate Tribunal to submit a supplementary statement of case “with regard to the point of time when the dividend warrants were delivered to the assessee”. The Tribunal has submitted a statement of case, and has observed that there is no information on record as to when the dividend warrants were handed over to the assessee. In the absence of any evidence to show that the dividend warrants were handed over to the assessee within the years of account ending June 30, 1955 and June 30, 1956, it cannot be held that the assessee is liable to pay income tax on the dividends received by it. The burden of proving that an amount was taxable because it was received in the year of account lay upon the department, and in the absence of the information called for they are not liable to be taxed.

2. The appeals fail and are dismissed. There will be no order as to costs.


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