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    <title>1978 (12) TMI 32 - CALCUTTA High Court</title>
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    <description>An amount credited to a dividend reserve account was treated as a reserve for surtax computation where the Tribunal had found, as a matter of fact, that it was segregated for future declaration of dividend. The court declined to reopen that finding on fresh material not found below or included in the statement of case, and accepted that in reference jurisdiction a contrary conclusion cannot rest on new facts. The amount therefore fell within rule 1(iii) of the Second Schedule to the Companies (Profits) Surtax Act, 1964, and was includible in capital computation.</description>
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      <link>https://www.taxtmi.com/caselaws?id=37388</link>
      <description>An amount credited to a dividend reserve account was treated as a reserve for surtax computation where the Tribunal had found, as a matter of fact, that it was segregated for future declaration of dividend. The court declined to reopen that finding on fresh material not found below or included in the statement of case, and accepted that in reference jurisdiction a contrary conclusion cannot rest on new facts. The amount therefore fell within rule 1(iii) of the Second Schedule to the Companies (Profits) Surtax Act, 1964, and was includible in capital computation.</description>
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      <pubDate>Thu, 14 Dec 1978 00:00:00 +0530</pubDate>
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