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The Commissioner Of Income-Tax, Bombay vs The Scindia Steam Navigatlon Co. Ltd on 5 April, 1961

In Commissioner of Income-tax, Bombay v. Scindia Steam Navigation Co. Ltd.(1) this Court examined the scope of the jurisdiction of the High Court in a reference under S. 66(1) and it was pointed out that even where a question of law was not raised before the Tribunal but the Tribunal deals with it, it must be deemed to be one arising out of its order. Applying the principle to the present case, we hold that the High Court was within its jurisdiction in examining the question whether the Agastyar trust was eligible for exemption from income-tax under S. 4(3)(i) of the Act. We accordingly reject the argument of the appellants on this aspect of the case. For these reasons we hold that this appeal is without merit and must be dismissed with costs.
Supreme Court of India Cites 39 - Cited by 212 - Full Document
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