Chapter XII-DA - SPECIAL PROVISIONS RELATING TO TAX ON DISTRIBUTED INCOME OF DOMESTIC COMPANY FOR BUY-BACK OF SHARES (From Section 115QA to Section 115QC)
Part C - Procedure for filing of return in respect of fringe benefits, assessment and payment of tax in respect thereof (From Section 115WD to Section 115WM)
Chapter XX-B - REQUIREMENT AS TO MODE OF ACCEPTANCE, PAYMENT OR REPAYMENT IN CERTAIN CASES TO COUNTERACT EVASION OF TAX (From Section 269SS to Section 269TT)
Tax on undistributed profits may be imposed where dividend distribution falls below statutory requirement, subject to specified exceptions. Section 104 imposed an additional income-tax on undistributed profits where a company's dividend distribution fell below a statutory proportion of distributable income, taxing the undistributed portion after deducting dividends actually paid. The assessing officer could order such tax, but not where non-distribution was reasonable due to losses or small profits, where distribution would not benefit revenue, or where most share capital was held by charitable institutions; the Central Government could exempt classes of companies, and specified industry and foreign-company carve-outs were provided.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Tax on undistributed profits may be imposed where dividend distribution falls below statutory requirement, subject to specified exceptions.
Section 104 imposed an additional income-tax on undistributed profits where a company's dividend distribution fell below a statutory proportion of distributable income, taxing the undistributed portion after deducting dividends actually paid. The assessing officer could order such tax, but not where non-distribution was reasonable due to losses or small profits, where distribution would not benefit revenue, or where most share capital was held by charitable institutions; the Central Government could exempt classes of companies, and specified industry and foreign-company carve-outs were provided.
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