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    <title>1996 (11) TMI 28 - MADRAS High Court</title>
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    <description>An amount appropriated out of profits and credited to a debenture redemption sinking fund was treated as a reserve, not a provision, for computation of capital base under the Companies (Profits) Surtax Act, 1964. The decisive factor was that the fund was not earmarked as a fixed liability item and remained available for the company&#039;s business use until debentures were redeemed. The balance could also be transferred to general reserve after cancellation of debentures, confirming its reserve character. The amount was therefore includible in the capital base for surtax, and the issue was answered in favour of the assessee.</description>
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      <title>1996 (11) TMI 28 - MADRAS High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=17230</link>
      <description>An amount appropriated out of profits and credited to a debenture redemption sinking fund was treated as a reserve, not a provision, for computation of capital base under the Companies (Profits) Surtax Act, 1964. The decisive factor was that the fund was not earmarked as a fixed liability item and remained available for the company&#039;s business use until debentures were redeemed. The balance could also be transferred to general reserve after cancellation of debentures, confirming its reserve character. The amount was therefore includible in the capital base for surtax, and the issue was answered in favour of the assessee.</description>
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