1998 (3) TMI 54

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..... Revenue arising out of the respondent's assessment for the assessment year 1975-76 is as to whether, on the facts and in the circumstances of the case, the Tribunal was right in holding and have valid materials to hold that the assessee was not liable to additional income-tax under section 104 of the Income-tax Act, 1961, for the assessment year 1975-76. The assessee admittedly had distributable .....

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..... because of the postponed declaration of the dividend for the previous year, Nothing has been placed before us to show that the conclusion of the Tribunal was in any way erroneous. Sub-section (2) of section 104 of the Income-tax Act disentitles the Income-tax Officer from making an order under sub-section (1) of section 104 of the Act if he is satisfied, inter alia, that the payment of a dividen .....

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