MATHER & CO. (PRIVATE) LTD. vs INCOME-TAX OFFICER, COMPANIES CIRCLE, — 1971 PTD 424

Citation: 1971 PTD 424

Court: Kerala High Court

Year: 1970

Decision Date: 1970-12-31

Parties: MATHER & CO. (PRIVATE) LTD. vs INCOME-TAX OFFICER, COMPANIES CIRCLE, JUDGMENT

Headnotes

Case cited as 1971 PTD 424

Judgment Text

Court Name: Kerala High Court Judge(s): V. Balakrishna Eradi Title:MATHER & CO. (PRIVATE) LTD. vs INCOME-TAX OFFICER, COMPANIES CIRCLE, JUDGMENT Reported As: 1971 PTD 424 Result: petition is allowed Judgment JUDGMENT By this writ petition filed under Article 226 of the Consti--tution the petitioner seeks to quash Exh. P- 6 evidencing the proceedings taken by the Income-tax Officer, Companies Circle, Ernakulam, in purported exercise of his powers under sec--petition 154(1)(a) of the Income-tax Act, 1961, amending an earlier order dated May 14, 1964, passed against the petitioner for the assessment year 1957-58 under section 23-A of the Indian Income-tax Act, 1922, by rectifying a mistake stated to be apparent from the record. The petitioner is a private limited company whose business consists mainly of undertaking and executing works contracts. It was also running a cashewnut factory till October 1956. For the assessment year 1957-58 it was assessed to income-tax on a total income of Rs. 99,125 as per the assessment order evidenced by Exh. P-1 dated December 31, 1957. Proceedings were there--after initiated against the petitioner by the Income-tax Officer, Ernakulam, under section 23-A of the Indian Income-tax Act, 1922, on the ground that in respect of the assessment year 1957-58, it had been found out that the company had not declared the prescribed minimum dividend in accordance with the provisions of the aforesaid section. By the order, Exh. P-2, dated the 14th May…

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