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Issues:
1. Interpretation of provisions of section 104 of the Income-tax Act, 1961. 2. Applicability of section 104(1)(a) regarding distribution of dividends by an investment company. 3. Justification for imposing additional tax under section 104 on an investment company. 4. Consideration of statutory rules and company law provisions in determining dividend distribution. Analysis: The judgment by the Appellate Tribunal ITAT DELHI-B involved an appeal concerning the interpretation and application of section 104 of the Income-tax Act, 1961. The appellant, an investment company, contested the imposition of additional tax by the Income Tax Officer (ITO) under section 104(1)(a) for the assessment year 1979-80. The issue revolved around the requirement to distribute 90% of the distributable income as dividends within a specified timeframe. The appellant had distributed dividends amounting to Rs. 65,700 out of a distributable income of Rs. 85,294, resulting in a shortfall of Rs. 11,070, leading to the imposition of additional tax. The appellant argued that the provisions of section 104(1) were unjustifiably applied by the lower authorities. The appellant's counsel contended that the company had valid reasons for not distributing a larger amount as dividends, citing provisions of the Companies Act, 1956, and the Companies (Transfer of Profits to Reserves) Rules, 1975. The counsel emphasized the necessity of providing for redemption of preference shares and transferring profits to reserves as per statutory requirements before determining the distributable surplus for dividends. The appellant also relied on the decision of the Supreme Court in CIT v. Gangadhar Banerjee & Co. (P.) Ltd. [1965] 57 ITR 176 to support their contentions. On the contrary, the senior departmental representative supported the orders of the lower authorities, asserting that the imposition of additional tax was justified. The Tribunal examined the balance sheet and profit and loss appropriation account of the appellant and concluded that the company had accumulated profits, enabling it to distribute a larger percentage of dividends. The Tribunal noted that after making necessary provisions for redemption of preference shares and transfer to reserves, the distributable surplus remained sufficient to meet the statutory requirement of distributing at least 90% of the surplus as dividends. Ultimately, the Tribunal upheld the order of the Commissioner (Appeals) and dismissed the appeal filed by the appellant. The decision was based on the finding that the appellant failed to distribute the required percentage of dividends as mandated by section 104, without any mitigating circumstances as specified in relevant legal provisions or judicial precedents. In conclusion, the judgment highlights the importance of complying with statutory requirements and company law provisions in determining dividend distribution by investment companies to avoid the imposition of additional tax under section 104 of the Income-tax Act, 1961.
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