1962 (3) TMI 122 - HC - Income Tax

High Court: Section 23A applies to income tax assessment for 1952-53, profits not just from current year matter.

The Madras High Court upheld the application of section 23A in an income-tax assessment case for the year 1952-53. The court determined that the dividend ... - Issues:- Application of section 23A in income-tax assessment for the assessment year 1952-53.- Interpretation of 'profits made' for determining dividend distribution.- Consideration of previous year's profits in assessing the reasonableness of dividend distribution.Analysis:In the case before the Madras High Court, the primary issue revolved around the application of section 23A in the income-tax assessment for the year 1952-53. The Income-tax Officer had found that the dividend declared by the assessee, a non-public company, was less than 60% of the profits available for distribution. The dispute arose when the assessee contended that the dividend declared was in excess of 60% of the book profits, while the department argued that adjusted book profits should be considered. The court examined the provisions of section 23A, which required determining if a larger dividend could have been reasonably declared based on the profits made by the company.Regarding the interpretation of 'profits made,' the court rejected the argument that only profits disclosed in the accounts of the current year should be considered. The court emphasized that the profits made should reflect the actual profits determined by the Income-tax Officer, not manipulated figures. The judgment referenced a previous case to distinguish between assessable income and profits made, highlighting the commercial principles guiding the assessment of profits for dividend distribution purposes.The court also addressed the issue of whether profits from the previous year could be included in determining the reasonableness of dividend distribution. While the court did not provide a definitive opinion on this matter, it noted that profits carried forward from the previous year could be relevant in justifying a larger dividend. The court highlighted that losses from previous years and profits brought forward should be considered in assessing the adequacy of dividend distribution.Ultimately, the court upheld the application of section 23A in the case, finding that all requirements of the provision were satisfied. The court rejected the assessee's argument that they were unaware of the actual profits made during the year, emphasizing the inclusion of suppressed profits in the assessment. The judgment favored the department, holding the assessee liable to pay the costs.