Law: Income Tax Act, 1922

Section: 23,23(2),66,34,24B

Law: Income Tax Act, 1922

Section: 23,23(2),66,34,24B

Income-tax Act, 1922 -- Sections 23 read with Martial Law Regulations Nos.(43/48 of 1958) - Section 66 -- Assessment -- Dividend received out of excess income processed under Martial Law Regulations Nos. 43/48 -- Whether exempt from tax -- Held no -- Reference to High Court -- Assessee voluntarily filling revised return in respect of income of deceased father -- Statutory notices served on assessee and assessment completed accordingly -- No plea raised for impleading other legal heirs of the deceased in assessment proceedings -- Whether assessment can be challenged on that ground -- Held no -- Assessment -- Dividends received by assessee out of excess income assessed under Martial Law Regulation No. 43/48 -- Held, not exempt from assessment -- Reference to High Court -- Objection not raised by deceased assessee's son before Income-tax Officer and assessment could not be challenged by him because grievance could be raised by other legal heirs of deceased -- Applicant not allowed to raise such objection before High Court -- JUDGMENT The judgment of the Court was delivered by SHAMEEM HUSSAIN KADRI, J.---This judgment will dispose of Tax References Nos. 35, 43, 44 and 45 of 1972. Brief facts of the case are that one Mian Rauf Ahmad, who was a shareholder of the Premier Cloth Mills, Lyallpur, was recipient of a sum of Rs. 31,275 as dividend declared by the Company on 30th March 1961. The present applicant is one of the legal heirs of Mian Rauf Ahmad deceased. The return was filed by the late Mian Rauf Ahmad for the assessment year 1959-60. He died on 6ht August, 1962. The revised return was filed by the applicant on 13th December, 1962. The Income-tax Officer issued notice under section 23(2) of the Income-tax Act to the applicant who appeared before him. After making necessary enquiry the Income-tax Officer by his order dated 15th June 1964 made the assessment to the tune of total income of Rs. 3,16,086. In Tax Reference No. 43 of 1972 Mian Rauf Ahmad was assessed for the year 1962-63 by the Income-tax Officer vide his order dated 30th June 1967. Total taxable amount in this case was Rs. 2,09,510. In Tax Reference no. 44 of 1972 the assessment year was 1960-61. The…

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