TaxTMI 
TaxTMI 
1984 (8) TMI 174
X X X X Extracts X X X X
X X X X Extracts X X X X
....the circumstances of the case, the Appellate Tribunal is correct in law in holding that only the net dividend received from foreign companies and not the gross dividend should be taken as the taxable income ?" 2. The relevant facts in brief are that the assessee is a resident and ordinarily resident. He filed a return on 21-6-1980 admitting a foreign income of Rs. 83,736, which represented gross dividends received at UK. However, vide his letter, dated 24-2-1982, the assessee contended that only the net income after deduction of tax deducted at source should be taxed and not the gross income. The ITO rejected the assessee's plea and thereby taxed the gross amount of dividend income received in U.K. On appeal, the AAC reversed the order o....
X X X X Extracts X X X X
X X X X Extracts X X X X
....d the departmental representative has failed to do so up to 31-1-1984. Therefore, we hold that the contention of the learned counsel for the assessee is substantiated and as such we accept it. The reason is that the reference is to be allowed if it is proved that the application in the case, which is followed by the Tribunal in deciding the assessee's appeal in passing the impugned order, has been allowed, otherwise not. The departmental representatives are not at all filing copies of order relied upon by them to substantiate their contentions even if time is given to do so, rather they take it lightly and go on criticising the Commissioner stating therein that their demands are not met by him. It is for the Commissioner to look into it as ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....e High Court. ORDER UNDER SECTION 255(4) OF THE INCOME-TAX ACT, 1961 -- Whereas we are unable to agree on the point set out below for the assessment year 1979-80, we refer the following point of difference of opinion to the President for reference to Third Member, under section 255(4) of the Act : "Whether, on the facts and in the circumstances of the case, the question of law proposed by the Commissioner of Income-tax does arise out of the order of the Tribunal and should be referred to the Madras High Court ?" THIRD MEMBER ORDER Per Shri M.R. Sikka, Vice President -- There being difference of opinion between the learned Judicial Member and the learned Accountant Member, the following question has been referred to me for decisi....
X X X X Extracts X X X X
X X X X Extracts X X X X
....Judicial Member observed as under : "On hearing the parties and going through the record, we directed the departmental representative to file the copy of the order of the Tribunal in the reference applications for the assessment year 1975-76 and the departmental representative has failed to do so up to 31-1-1984. Therefore, we hold that the contention of the learned counsel for the assessee is substantiated and as such we accept it. The reason is that the reference is to be allowed if it is proved that the application in the case, which is followed by the Tribunal in deciding the assessee's appeal in passing the impugned order, has been allowed, otherwise not. The departmental representatives are not at all filing copies of the orders re....