1969 (4) TMI 20 - HC - Income Tax

Income from dividends - Tribunal held that as the dividend received by the assessee covered by s. 99(1)(iv) was Rs. 85,201, the relief was not liable to be reduced merely because the dividend income after deduction of interest of money borrowed for earning the said dividend would be worked out at a lesser figure - tribunal was righty in holding that assessee was entitled to relief u/s 99(1)(iv) in respect of Rs. 85,201 and not on the said amount reduced by Rs. 10,290 being interest on money borrowed for earning the said dividend

Summary

Issues:
Interpretation of section 99(1)(iv) of the Income-tax Act, 1961 regarding exemption from super-tax on dividend income received by a company.

Detailed Analysis:

Assessment Year 1962-63:
The case involved the assessment for the assessment year 1962-63, where the assessee, a company deriving income from dividends, filed a return declaring business loss and income from other sources. The Income-tax Officer calculated the chargeable dividend income, allowing deduction for interest paid on borrowed money in connection with investments. The dispute arose regarding the exemption under section 99(1)(iv) of the Income-tax Act, 1961, resulting in different interpretations by the authorities.

Appeals and Tribunal Decision:
The Appellate Assistant Commissioner upheld the Income-tax Officer's order, limiting the exemption based on the net dividend income. However, the Tribunal ruled that the exemption under section 99(1)(iv) applied to the entire dividend received by the company, not just the net income after deduction of interest on borrowed money. The Tribunal allowed the appeal, leading to a reference to the High Court.

Legal Arguments:
The counsel for the revenue argued that the exemption under section 99 was meant for net dividend income, not the gross amount, citing various provisions of the Income-tax Act and legal precedents. On the other hand, the counsel for the assessee contended that the relief was intended for the dividend received, not the reduced amount after deductions, emphasizing a strict interpretation of the statute.

High Court Decision:
The High Court analyzed the language of section 99(1)(iv) and concluded that the exemption from super-tax applied to the entire amount of dividend received by the company. The court emphasized that the provision should be strictly construed, focusing on the dividend received, and not the net income after deductions. The court's interpretation aligned with the purpose and scheme of the section, providing excessive relief to the assessee as a matter of legislative policy. The court distinguished previous case laws and upheld the Tribunal's decision, ruling in favor of the assessee.

Conclusion:
The High Court answered the reference question in the affirmative, holding that the assessee was entitled to relief under section 99(1)(iv) for the full amount of dividend received. The Commissioner of Income-tax was directed to pay the costs of the reference. The decision was agreed upon by the judges, affirming the Tribunal's decision in favor of the assessee.