D.K.Sen, J. - (1.) Shib Banerji Properties & Construction (P.)Ltd., Calcutta, the assessee, was assessed to income-tax for the year 1961-62, the relevant accounting year ending on June 30, 1960. The assessee being aggrieved preferred an appeal to the Appellate Assistant Commissioner with partial success and the total income of the assessee as computed was reduced partly. A further appeal was preferred by the assessee to the Tribunal.
(2.) While the appeal before the Tribunal was pending, the Income-tax Officer passed an order under Section 23A of the Indian Income-tax Act, 1922 ("the Act"), on May 19, 1965, by which a further demand of additional super-tax was raised on the assessee on the ground that the assessee had failed to distribute the statutory percentage of dividends.
(3.) On an appeal by the assessee, the Appellate Assistant Commissioner vacated the said order passed under Section 23A. The Revenue went up on appeal before the Tribunal against the order of the Appellate Assistant Commissioner.;