1979 (11) TMI 74

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....acts giving rise to this reference are that the assessee-company derives income from the grinding of wheat. For the previous year relevant to the assessment year 1970-71, it had " chargeable profits " liable to surtax under the Companies (Profits) Surtax, Act, 1964 (hereinafter called " the Act "). The total income of the company under the I.T. Act was determined at Rs. 17,66,820. By an order unde....

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....that under r. 1(viii) of the First Schedule, the entire income by way of dividends, namely, Rs. 2,25,734 should be excluded from the total income computed under the I,T. Act. This contention was not accepted by the ITO and he excluded only Rs. 89,894 because that was the only income by way of dividends which was included in the total income assessed. Being aggrieved, the assessee filed an appea....

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....he total income computed for purposes of income-tax assessment ? " After hearing the learned counsel for the parties, we are of the opinion that no exception can be taken to the view taken by the Tribunal. We have gone through the provisions of ss. 2(24), 2(45), 80C(5) and 80M of the I.T. Act read with ss. 2(5), 2(8), 2(9), 4 and Sch. I, rule 1(viii) of the Act with the assistance of the learne....

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.... v. CIT [1979] 118 ITR 300, construed the very provisions of r. 1(viii) of the First Schedule of the Act and it was found as follows : " The definition of 'chargeable profits' provided in s. 2(5) of the Companies (Profits) Surtax Act, 1964, deals with the total income of an assessee computed under the I.T. Act and the total income is further required to be adjusted in accordance with the provis....