1968 (10) TMI 22

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.... on the application of section 53 of the Finance Act, 1964, to the expenditure incurred by the deceased, Shanmugha Raja, between July 1, 1962, and March 11, 1963. After his death on March 11, 1963, the Expenditure-tax Officer, Karaikudi, by a notice under section 13(2) of the Expenditure-tax Act, 1957, which was dated August 18, 1964, called upon his widow to furnish a return of the expenditure in....

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....r the petitioner, contends that having regard to this language, charge to expenditure-tax would arise only in respect of expenditure incurred subsequent to April 1, 1964. In any case, he would say that, since the petitioner's husband had died on March 11,1963, the respondent was not justified in calling for the return. This argument is addressed on the assumption that section 53 of the Finance Act....

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....ows, therefore, that the financial year mentioned in section 3 is the same as "the assessment year ". The charge for the assessment year is in respect of the expenditure incurred in the previous year. The argument of Mr. Vedantachari is that section 53 of the Finance Act, 1964, does not make reference to the expenditure incurred in the previous year but it merely says that expenditure-tax shall be....