Supreme Court · 1977 INSC 133 · Decided 28 April 1977

Tarulata Syam and ORS. v. Commissioner of Income-Tax, West Bengal

Court
Supreme Court of India
Citation
1977 INSC 133 · [1977] 3 S.C.R. 697
Case number
CIVIL APPEAL No. 147/1972
Decided
28 April 1977
Bench
P.N. BHAGWATI, R.S. SARKARIA, S. MURTAZA FAZAL ALI (3-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Income Tax Act Section 2(6A)(e), 23A

Headnote

B Indian Income Tax Act, 1922-S. 2(6A)(e)-Scope of. Co1npany a s. 23A Co111pany in which public are not substantiq/.ly intertsted -Had accunut!ated profits-Gave loan/ to a shareholder-Loan repaid before !he end of tlir financial year-Loun if dividend withiln s. 2(6A)(e). Under section 2(W\) (e) of term divi­ dend includes any payment by a compa·ny not being a company in v,;hich the public are substantially interested \Vithin the meaning of s. 23A of any sum (whether as represcntirw: a part of the assets of the company or other­ wise) by way of advance or Joan to a

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