https://www.taxtmi.com/caselaws?id=59270 Where liability to additional tax under the Income-tax Act depends on the Companies (Temporary Restriction on Dividend) Act, 1974, the threshold question is whether the assessee falls within section 3 of that special statute. If it does, section 8 gives the Act overriding effect and may restrict the ability to declare dividend, which in turn affects the section 104 consequence. The appellate authority had not first determined that statutory applicability issue, even though it was fundamental to quantifying liability. The matter was therefore sent back for fresh decision on the applicability question and, after hearing the parties, redetermination of the tax consequence. en-us Wed, 16 Feb 1983 00:00:00 +0530 Mon, 27 Dec 2010 15:41:21 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=59270 Where liability to additional tax under the Income-tax Act depends on the Companies (Temporary Restriction on Dividend) Act, 1974, the threshold question is whether the assessee falls within section 3 of that special statute. If it does, section 8 gives the Act overriding effect and may restrict the ability to declare dividend, which in turn affects the section 104 consequence. The appellate authority had not first determined that statutory applicability issue, even though it was fundamental to quantifying liability. The matter was therefore sent back for fresh decision on the applicability question and, after hearing the parties, redetermination of the tax consequence. Case-Laws Income Tax Wed, 16 Feb 1983 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=59270