https://www.taxtmi.com/caselaws?id=39330 Super-tax rebate on excess dividend distribution could not be reduced where the assessee had no total income chargeable to super-tax. Section 55 of the Indian Income-tax Act, 1922 imposes super-tax only on total income, while Part II, Paragraph D of Schedule I to the Finance Act, 1956 deals only with rate, rebate, and specified reduction of rebate. The scheme applies only if super-tax is otherwise leviable; where the assessment results in nil income, no primary liability to super-tax arises, so neither rebate under the first proviso nor reduction of rebate under the second proviso can operate. Excess dividend distribution does not create a separate levy. en-us Thu, 08 Mar 1973 00:00:00 +0530 Thu, 15 Apr 2010 16:19:47 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=39330 Super-tax rebate on excess dividend distribution could not be reduced where the assessee had no total income chargeable to super-tax. Section 55 of the Indian Income-tax Act, 1922 imposes super-tax only on total income, while Part II, Paragraph D of Schedule I to the Finance Act, 1956 deals only with rate, rebate, and specified reduction of rebate. The scheme applies only if super-tax is otherwise leviable; where the assessment results in nil income, no primary liability to super-tax arises, so neither rebate under the first proviso nor reduction of rebate under the second proviso can operate. Excess dividend distribution does not create a separate levy. Case-Laws Income Tax Thu, 08 Mar 1973 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=39330