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Issues:
1. Inclusion of forfeited dividend in the computation of capital for surtax assessment. 2. Interpretation of the term "reserve" under the Companies (Profits) Surtax Act, 1964. Analysis: The case involved a dispute regarding the inclusion of forfeited dividend in the computation of capital for surtax assessment under the Companies (Profits) Surtax Act, 1964. The assessee, a company, had included an amount of forfeited dividend in its capital for the assessment year 1972-73. The Income Tax Officer (ITO) excluded the forfeited dividends from the capital computation, considering them as liabilities rather than reserves. The Appellate Authority Commission (AAC) and the Income-tax Appellate Tribunal upheld the ITO's decision based on a previous decision of the Allahabad High Court. Upon further appeal, the High Court considered whether the forfeited dividend constituted a "reserve" for the purpose of capital computation. The assessee relied on a previous decision by the same court, which held that forfeited dividend had the characteristics of a reserve and not a provision for liability. The court emphasized that the amount was not set apart for any anticipated or contingent claim, and shareholders had no direct claim against the fund. The fund was categorized under "Reserves" in the accounts, indicating its nature as a reserve. The Revenue contended that the previous decision was specific to the Super Profits Tax Act, 1963, and cited a Supreme Court judgment in Vazir Sultan Tobacco Co. Ltd. v. CIT, which clarified the distinction between provisions and reserves. The Supreme Court highlighted that reserves involve an appropriation of profits retained as part of the capital, distinct from provisions that are charges against profits. The court emphasized that the true nature of the appropriation must be determined based on the intention and purpose of the segregation, with clear indications of earmarking for future use. The High Court concluded that the segregated amount of forfeited dividend constituted a reserve as it was earmarked by the management for a specific purpose, without being part of undistributed profits. Citing the Supreme Court's observations, the court held that where a fund is set apart as a provision against known or existing liability in excess of the necessary amount, it should be treated as a reserve. Therefore, the court ruled in favor of the assessee, stating that the forfeited dividend should be included in the computation of capital for surtax assessment. In conclusion, the High Court answered the referred question in the negative and in favor of the assessee, emphasizing the distinction between reserves and provisions as per the Companies (Profits) Surtax Act, 1964.
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