Supreme Court · 1979 INSC 209 · Decided 15 October 1979

Commissioner of Income Tax Kerala, Ernakulam v. V.DAMODARAN,TRIVANDRUM

Court
Supreme Court of India
Citation
1979 INSC 209 · [1980] 1 S.C.R. 944
Case number
CIVIL APPEAL No. 2099/1972
Decided
15 October 1979
Bench
N.L. UNTWALIA, R.S. PATHAK (2-judge bench)
Outcome
Case Partly allowed
Case type
Civil
Acts & sections cited
Income Tax Act Section 261, 2(6A)(e), 2(6A)

Headnote

•• .. Indian Jncome ' Tax Act, 1922-Sections 2(6A) (e)-lnterpretation of h "accumulated profits" if include current profits-Section 256(i)-Scope of. The assessee was the Managing Director of -a Company ~rigin~lly ass-essed C on a total income of Rs. 43407/- for the assessment assessee had been withdrawing moneys from the Company and that those amounts were liable to be treated. as dividend under section 2(6A)(e) of the Act, hoe re-opened the assessment. In the assessment proceedings that followed, the assessee claimed that the accumulated profits of the Company

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