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    <title>1963 (7) TMI 87 - BOMBAY HIGH COURT</title>
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    <description>Section 23A required an enquiry from the standpoint of a prudent businessman into whether a larger dividend was reasonably distributable after accounting for commercial profits. In computing distributable profits, approximate tax liability on those profits had to be deducted and earlier years&#039; losses considered. The Tribunal&#039;s view that prior losses could be ignored because reserves existed was rejected, since adjustment of losses against current profits or reserves was a matter of business judgment, not tax direction. On that basis, the order under section 23A was not justified and the issue was resolved in favour of the assessee.</description>
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    <pubDate>Wed, 24 Jul 1963 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=188439</link>
      <description>Section 23A required an enquiry from the standpoint of a prudent businessman into whether a larger dividend was reasonably distributable after accounting for commercial profits. In computing distributable profits, approximate tax liability on those profits had to be deducted and earlier years&#039; losses considered. The Tribunal&#039;s view that prior losses could be ignored because reserves existed was rejected, since adjustment of losses against current profits or reserves was a matter of business judgment, not tax direction. On that basis, the order under section 23A was not justified and the issue was resolved in favour of the assessee.</description>
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      <pubDate>Wed, 24 Jul 1963 00:00:00 +0530</pubDate>
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