Surtax capital computation treats book reserves as includible, but dividend and tax provisions remain excluded from capital base.

For surtax capital computation under the Companies (Profits) Surtax Act, amounts credited in the books to plant modernisation and rehabilitation reserve, loan redemption reserve and development rebate reserve on the relevant opening date were treated as reserves and included in capital, even though shareholder approval followed later. By contrast, dividend reserve and reserve for super profits tax were classified as provisions, not reserves, because amounts set apart for dividends and tax fall within liabilities and provisions under balance-sheet principles, and were excluded. The claimed excess provision for depreciation was also not accepted as part of the capital base, as it was not shown as a reserve and no supporting material established that character.

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Issues: (i) Whether the amounts credited to plant modernisation and rehabilitation reserve, loan redemption reserve, and development rebate reserve were to be included in the capital computation under the Companies (Profits) Surtax Act, 1964; (ii) Whether dividend reserve and reserve for super profits tax were includible as reserves; (iii) Whether excess provision for depreciation formed part of the capital base.

Issue (i): Whether the amounts credited to plant modernisation and rehabilitation reserve, loan redemption reserve, and development rebate reserve were to be included in the capital computation under the Companies (Profits) Surtax Act, 1964.

Analysis: The relevant date for computation of capital was the first day of the previous year relevant to the assessment year. Amounts standing to the credit of reserve accounts in the books and balance-sheet as on that date were to be treated as reserves. The subsequent formal approval by the shareholders did not alter the character of the appropriations, which related back to the close of the accounting year. The amounts in these heads were already credited in the assessee's books as on the relevant date and were of the nature of reserves.

Conclusion: The issue was answered in favour of the assessee.

Issue (ii): Whether dividend reserve and reserve for super profits tax were includible as reserves.

Analysis: Amounts set apart for dividends and tax were treated as provisions, not reserves, under the balance-sheet classification in Schedule VI to the Companies Act, 1956. The statutory explanation to rule 1 excluded amounts of the nature of items shown under current liabilities and provisions from being regarded as reserves for capital computation.

Conclusion: The issue was answered against the assessee and in favour of the revenue.

Issue (iii): Whether excess provision for depreciation formed part of the capital base.

Analysis: The claimed excess provision for depreciation was not shown in the balance-sheet as a reserve, and no material supported its treatment as a reserve for surtax purposes. The mere assertion that the value of assets was thereby enhanced did not make it a reserve.

Conclusion: The issue was answered against the assessee and in favour of the revenue.

Final Conclusion: The reference was answered partly in favour of the assessee and partly in favour of the revenue, with the first three reserve items accepted as part of capital and the dividend-related items and excess depreciation claim rejected.

Ratio Decidendi: For surtax capital computation, amounts standing to reserve accounts in the company's books on the relevant opening date are includible as reserves, but amounts set apart for taxation or dividends are provisions and therefore excluded.

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