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Issues:
- Applicability of section 23A of the Income-tax Act, 1922 on the facts of the case. Analysis: Issue 1: Applicability of section 23A of the Income-tax Act, 1922 The case involved a Private Limited Company for the assessment years 1958-59, 1959-60, and 1960-61. The Income Tax Officer (ITO) initiated proceedings under section 23A(1) as the company had not declared dividends within the stipulated period. The company argued that due to prior losses, it needed to plough back profits for business expansion. The ITO rejected these arguments, emphasizing the surplus for dividend declaration even after setting off previous losses. The CIT(A) upheld the levy, stating the company had surplus funds in various years, justifying the levy under section 23A(1). The company's counsel argued for considering factors like business expansion and "commercial profits" rather than "assessed profits." They also contended that dividends declared on 15-6-1961 should be deducted from distributable profits. The Tribunal examined the facts, including the company's history of losses, substantial capital investments, and the Supreme Court's decision on deducting dividends declared before the ITO's order under section 23A(1). It concluded that the company did not fall within the ambit of section 23A(1), quashing the ITO's orders and allowing the appeals. This detailed analysis covers the issues involved in the judgment, including the arguments presented by the parties, the authorities' decisions, and the final decision of the Tribunal.
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