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Preference Shares (Regulation of Dividends) Act, 1960


4. Special provisions in relation to companies where a portion of their income is not chargeable to income-tax

Where any preference share of a company has been issued and subscribed for before the lst April, 1960, and any portion of the profits and gains of the company in respect of the relevant period is exempt from income-tax under the Income-tax Act, 1961 (43 of 1961), by reason of such portion being agricultural income, then, for the purpose of the increase in the dividend in relation to any such preference share under the provisions of section 3, the increase of thirty per cent, or eleven per cent referred to therein shall be taken to be such proportion of the said thirty per cent or eleven per cent, as the case may be, as the total amount of the profits and gains of the company excluding the portion of the profits and gains which is so exempt in respect of the relevant period bears to the total amount of the profits and gains thereof in respect of that period.

Explanation : For the purposes of this section, "relevant period", in relation to the profits and gains of a company, shall meanó

(a) the previous years relevant to such of the three assessment years as immediately precede the assessment year ending on the 31st March, 1961, and in each of which the net result of the computation of profits and gains of the company has not been a loss or where there are only two such years, such two years, or where there is only one such year, such one year; or

(b) in any case where clause (a) is not applicable the previous year relevant to the assessment year ending on the 31st March, 1961, or a subsequent assessment year immediately following thereafter in which the net result of the computation of profits and gains has not been a loss.



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