TaxTMI 
TaxTMI 
1982 (3) TMI 105
X X X X Extracts X X X X
X X X X Extracts X X X X
....dend on 7, 000 12% Redeemable cumulative preference shares of Rs. 100 each (subject to deduction of tax) 84, 000 (2) Dividend on 8, 000 equity shares of Rs. 100 each at Rs. 20% per share (subject to deduction of tax) 1, 60, 000 2, 44, 000 3. At an Extraordinary General Meeting held on 28th March, 1973, it declared a further dividend of Rs. 2,08,000. Thus, the total dividend by the assessee was Rs. 4,82,000. 4. Apart from raising certain other contentions, Shri Harish, ld. counsel for the assessee, pressed that having regard to the smallness of the profits of the assessee from the commercial angle it was not reasonable to expect the assessee to declare any larger dividend. Shri Bhargava, ld. Deptl. Rep. relied upon the orders of the....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ount of only Rs. 50, 000 and that it is in these circumstances that the assessee had made the further provision of Rs. 4,50,000 in the year under consideration. Secondly, this total provision is not excessive having regard to the extent of the turnover of the assessee which was more than Rs.16 crores each year. This is not an after-thought because in the Director's Report to the shareholders dt 31st Aug, 1972 it is stated that the provision of Rs.4,50,000 has been necessitated having regard to the Auditors' Notes on the Accounts for the preceding years and the present condition of the book debts. 8. The force of the submissions made by Shri Harish is evident. Moreover, the Bombay Bench 'A' of the Tribunal in its common order dt. 10th June....
X X X X Extracts X X X X
X X X X Extracts X X X X
....e interest paid by the assessee u/s 216 and s 220(2) of the IT Act. Apart from being an outgoing which is a normal incidence of the business of the assessee and the taxation of its income, even if it is assumed that this sum is to be added back to the profit shown as per books for determining the commercial profits, yet, the total amount of the commercial profits will b only about Rs. 4,71,000 and having regard to the amount of the capital of the assessee and the dividend declared by it already, we held that it was not reasonable to expect the assessee to declare any larger dividend. 11. Before parting with the matter, we may recall that it is well settled that each case has to be decided on its own facts and that these matters have to be....