Section 2(22)(e)- Deemed Dividend- Only Payment out of Accumulated Profit covered

Brief of the Case Calcutta High Court held In the case of CIT vs. Mahesh Chandra Mantri that It is apparent from the language of the Section 2(22) (e) that before any payment can take the character of dividend within the meaning of the aforesaid provision it has to be shown that there were accumulated profits lying with the company which made the payment. In the case before us it was never the contention of the revenue that any accumulated profit was lying with the company. Facts of the Case The company was having a reserve created from out of the share premium. Therefore, according to revenue...