https://www.taxtmi.com/caselaws?id=49560 Whether a Finance Act deeming fiction that excess dividends are ''deemed to be out of'' earlier undistributed profits can render those amounts taxable as part of the previous year's "total income" was examined; the legal principle applied is that a deeming fiction alone does not alter the scope of a charging provision framed in terms of "total income" unless the statute expressly makes the deemed amounts part of that total income. The practical effect is that absent express statutory inclusion or an alternative legislative mechanism, the deemed amounts cannot be taxed under a provision charging tax on total income. en-us Wed, 04 May 1960 00:00:00 +0530 Tue, 02 Sep 2014 20:42:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=49560 Whether a Finance Act deeming fiction that excess dividends are ''deemed to be out of'' earlier undistributed profits can render those amounts taxable as part of the previous year's "total income" was examined; the legal principle applied is that a deeming fiction alone does not alter the scope of a charging provision framed in terms of "total income" unless the statute expressly makes the deemed amounts part of that total income. The practical effect is that absent express statutory inclusion or an alternative legislative mechanism, the deemed amounts cannot be taxed under a provision charging tax on total income. Case-Laws Income Tax Wed, 04 May 1960 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=49560