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Income Tax - Highlights / Catch Notes

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Deemed divided u/s 2(22)(e) requires arriving at accumulated ...


Accumulated profits calculation for deemed dividend: Deduct depreciation as per Income-tax Act, not company books.

Case Laws     Income Tax

November 27, 2024

Deemed divided u/s 2(22)(e) requires arriving at accumulated profits by deducting depreciation as per Income-tax Act rates. Bombay High Court in Navnit Lal C Javeri and Jamnadas Khimji Kothari cases held that for calculating accumulated profits u/s 2(22)(e), depreciation should be deducted at rates prescribed by Income-tax Act, not as per company's balance sheet. Profits disclosed in balance sheet are subject to adjustment by deducting depreciation as per Income-tax Act rates to determine accumulated profits for deemed dividend taxation u/s 2(22)(e).

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