1970 (4) TMI 21 - SC - Income Tax

Question whether the distribution was dividend had to be determined in the light of the IT Act - amount distributed as dividend out of the current profits could not, in the state of the law in force in the year of asst. 1955-56, be deemed dividend in the hands of the shareholders - Tribunal was right in holding that the sums of Rs. 81,611 and Rs. 1,49,444 were not the part of the accumulated profits of the company as contemplated under s. 2(6A) - Revenue s appeal dismissed

Summary

Issues:
1. Interpretation of section 2(6A) of the Indian Income-tax Act, 1922 regarding accumulated profits.
2. Determination of whether the distribution made to shareholders by a company in liquidation constitutes dividend or capital.
3. Impact of legislative amendments on the definition of "dividend" under the Income-tax Act.
4. Application of relevant case laws in determining the nature of distributions made to shareholders.

Analysis:
The case involved a dispute over whether certain sums distributed to shareholders by a company in liquidation constituted accumulated profits or capital. The High Court had held that the amounts were not part of accumulated profits. The key issue was whether the distribution made by the company was to be considered as dividend or capital in the hands of the shareholders. The Tribunal, Appellate Assistant Commissioner, and High Court had all concurred that the distribution was not taxable as dividend under the prevailing law.

The judgment referred to various legal principles regarding the treatment of distributions in the course of winding up a company. It highlighted that under the Indian Companies Act, 1913, dividends could only be paid out of profits of the year or undistributed profits of previous years. The court emphasized that assets distributed during liquidation were of a capital nature and could not be classified as dividend. This principle was supported by precedents such as Birch v. Cropper and Commissioners of Inland Revenue v. George Barrell.

The court also discussed the evolution of the definition of "dividend" under the Indian Income-tax Act, particularly the amendments introduced in 1939 and subsequent years. The judgment noted that the Finance Act of 1955 had removed the limitation on including profits distributed during liquidation as dividend. However, the distribution in question occurred in 1955, and the court held that under the law applicable at that time, the amount distributed did not qualify as dividend.

Furthermore, the judgment emphasized that the distribution made to shareholders in this case represented current profits and not profits earned before a specific date. As a result, the distribution could not be classified as dividend under the law in force during the assessment year 1955-56. The court ultimately dismissed the appeal, upholding the decision that the amount distributed was not taxable as dividend.

In conclusion, the judgment provided a comprehensive analysis of the legal framework surrounding the taxation of distributions made by companies in liquidation. It clarified the distinction between dividend and capital receipts, taking into account relevant legislative provisions and judicial precedents to determine the tax treatment of the amounts distributed to shareholders in the case at hand.