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    <title>1963 (5) TMI 71 - BOMBAY HIGH COURT</title>
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    <description>Prior-year losses remained relevant in assessing the applicability of section 23A(1) of the Income-tax Act, even after they had been adjusted against paid-up capital through reconstruction. The court held that such losses continued to affect the company&#039;s financial position and its capacity to distribute dividends, so the proper test was whether any failure to declare a larger dividend was unreasonable in light of those losses and the weakened capital structure. Accordingly, the earlier losses had to be considered when judging the reasonableness of the dividend declared.</description>
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    <pubDate>Sat, 04 May 1963 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=276407</link>
      <description>Prior-year losses remained relevant in assessing the applicability of section 23A(1) of the Income-tax Act, even after they had been adjusted against paid-up capital through reconstruction. The court held that such losses continued to affect the company&#039;s financial position and its capacity to distribute dividends, so the proper test was whether any failure to declare a larger dividend was unreasonable in light of those losses and the weakened capital structure. Accordingly, the earlier losses had to be considered when judging the reasonableness of the dividend declared.</description>
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