Judgement

P. B. GAJENDRAGADKAR, J. : This appeal arises from the assessment proceedings taken against the appellant, Rajputana Agencies Ltd., Lavanpur, for its income for the assessment year 1952-53,the accounting period being the corresponding Marwadi Year ending in October, 1951. The appellant is a private limited company and it was assassed to income-tax and super-tax by the Income-tax Officer, Morvi Circle, Morvi, on a total income of Rs. 26,385: The Appellant had declared dividend of Rs. 30,000. The Incometax Officer held that out of the said amount of dividend, Rs. 15,159 was excess dividend. On this basis the income-tax Officer determined the additional income-tax payable by the appellant at the rate of forty-four pies in a rupee on the said excess dividend. The additional income-tax payable by the appellant in that behalf was computed at Rs. 3,473-15-0. This order was passed on 25-11-1952.

2. The appellant filed an appeal against this order before the Appellate Assistant Commissioner of income-tax at Rajkot. The appellate authority determined the additional income-tax payable by the appellant at Rs. 2,084-12-0 on 29-8-1953. An appeal was preferred by the appellant against the