https://www.taxtmi.com/caselaws?id=39441 An order under section 23A did not require prior notice under section 34, because such an order was not an assessment order governed by section 34(3), and the levy therefore remained valid. Dividend income exempt from super-tax under section 56A still formed part of the company's total income for testing liability under section 23A(1), since the exemption removed the super-tax charge but did not exclude the income from total income. However, that exempt dividend could not be included in the distributable surplus on which additional super-tax was imposed under section 23A, because sections 23A and 56A had to be read harmoniously. The result was a mixed answer, partly for the revenue and partly for the assessee. en-us Tue, 30 Jul 1974 00:00:00 +0530 Fri, 16 Apr 2010 15:11:29 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=39441 An order under section 23A did not require prior notice under section 34, because such an order was not an assessment order governed by section 34(3), and the levy therefore remained valid. Dividend income exempt from super-tax under section 56A still formed part of the company's total income for testing liability under section 23A(1), since the exemption removed the super-tax charge but did not exclude the income from total income. However, that exempt dividend could not be included in the distributable surplus on which additional super-tax was imposed under section 23A, because sections 23A and 56A had to be read harmoniously. The result was a mixed answer, partly for the revenue and partly for the assessee. Case-Laws Income Tax Tue, 30 Jul 1974 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=39441