Judgment

S. K. Das, J. (majority judgment : Das, Kapur and Hidayatullah JJ.) This is an appeal on a certificate of fitness granted by the High Court of Bombay under S. 66-A (2) of the Indian Income-tax Act, 1922.

2. The short facts giving rise to the appeal are these. The original assessee was Purshottamdas Thakurdas, a well-known businessman of Bombay. He died sometime after the proceedings in the High Court had terminated and the appellants herein are his legal representatives. As nothing turns upon the distinction between the assessee and his legal representatives in this case, we shall ignore it for the purpose of this judgment. By a notice issued under S. 18-A(1) of the Act the Income-tax Officer concerned required the assessee to make advance payment of tax in respect of the assessment year 1947-48. On September 15, 1946 the assessee submitted an estimate of his income under sub-s (2) of S. 18-A/. In this estimate the assessee showed his total income at Rs.4,64,000/-. He deducted the sum of Rs.3,64,000/- stated to be his dividend income, on the ground that S.18 of the Act applied to such income. After claiming credit for Rs.10,000/- on the ground of double taxation relief, the