Deemed dividend u/s. 2(22)(a)/2(22)(d) r.w.s. 115-O - purchase/ ...

Company Share Buybacks Deemed Dividends u/ss 2(22)(a), 2(22)(d), Except Section 77A of Income Tax Act.

September 21, 2023

Case Laws     Income Tax     AT

Deemed dividend u/s. 2(22)(a)/2(22)(d) r.w.s. 115-O - purchase/ buyback of its own shares by the company - It is to be noted that as per the proviso to Sec. 2(22), only buyback u/s. 77A is excluded from the definition of dividend u/s. 2(22). In other words, any other form of buyback, including purchase of own shares u/s. 391-393 would fall back under the definition of Sec. 2(22), because, which entails release of all or part assets of a company to its shareholders. This is further fortified with the fact that there was reduction of share capital and distribution of accumulated profits, and thus, purchase of own shares would come within the ambit of dividend u/s. 2(22). - Additions confirmed - AT

 

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