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[Cites 0, Cited by 2] [Section 236] [Entire Act]

Union of India - Subsection

Section 236(2) in The Income Tax Act, 1961

(2)The amount of income-tax to be given as credit under sub-section (1) shall be a sum equal to ten per cent. of so much of the dividends referred to in sub-section (1) as are paid out of the profits and gains actually charged to income-tax for any assessment year ending before the 1st day of April, 1960.Explanation 1. - For the purposes of this section, the aggregate of the dividends declared by a company in respect of any previous year shall be deemed first to have come out of the distributable income of that previous year and the balance, if any, out of the undistributed part of the distributable income of one or more previous years immediately preceding that previous year as would be just sufficient to cover the amount of such balance and as has not likewise been taken into account for covering such balance of any other previous year.Explanation 2. - The expression "distributable income of any previous year" shall mean [the total income (as computed before making any deduction under Chapter VI-A) assessed for that year] [ Substituted by Act 20 of 1967, Section 33 and Schedule III, for " the total income assessed for that year" (w.e.f. 1.4.1968).] as reduced by-
(i)the amount of tax payable by the company in respect of [its total income] [ Substituted by Act 20 of 1967, Section 33 and Schedule III, for " the said total income" (w.e.f. 1.4.1968).];
(ii)the amount of any other tax levied under any law for the time being in force on the company by the Government or by a local authority in excess of the amount, if any, which has been allowed in computing the total income;
(iii)[ any sum with reference to which a deduction is allowable to the company under the provisions of section 80-G; and] [ Substituted by Act 20 of 1967, Section 33 and Schedule III, for Clause (iii) (w.e.f. 1.4.1968).]
(iv)in the case of a banking company, the amount actually transferred to a reserve fund under section 17 of the Banking Companies Act, 1949 (10 of 1949), and as increased by-
(a)any profits and gains or receipts of the company, not included in its [total income (as computed before making any deduction under Chapter VI-A)] [ Substituted by Act 20 of 1967, Section 33 and Schedule III, for " total income" (w.e.f. 1.4.1968).]; and
(b)any amount attributable to any allowance made in computing the profits and gains of the company for purposes of assessment, which the company has not taken into account in its profit and loss account.