The Income Tax Reports

The executrices of C who died in November 1935 were assessed to sur-tax for the year 1935-36 in respect of the income of the Canadian Copany on the ground that it must be deemed to be income of C by virtue of Section 18 of the Finance Act 1936 : Held (1) that the finding of the Commissioners that the transfer of assets from the English Company to the Canadian Company was " associated " with [...] Held that as there was evidence upon which the Appellate Tribunal could come to that finding and as it was a finding of fact it was conclsive and the amount received by the assessee from the company in the year of account according to the de:”.ee of the High Court was rightly held to be dividend income of the years prior to the year of account and not the income of the relevant accounting p [...] in the year of account according to the decree of the High Court was rightly held to be the dividend income of the years p2ior to the year of account and not the income of the relevant accounting period ?" The opinion of the Appellate Tribunal as stated in te judgment of the Trbunal delivered under Section 33 of the Income-tax Act was as follows :— "4. [...] in the year of account according to the decree of High Court was rightly.held to be the dividend income of the years prior to the year of account and not the income of the relevant accounting' period ". The sum of Rs. [...] 137/Bombay of 1942-43 that the amount refunded under the decree of the High Court was a part of the dividend wrongly withheld by the company rlating to the years prior to the accounting year under reference and that the whole of such dividend including the amount received_ during the year had already been bought to tax ". The reference continues by drawing a conclusion from this statement of