Income Tax Act, 1961

‘Domestic company’ means an Indian company, or any other company which, in respect of its income liable to tax under this Act, has made the prescribed arrangements for the declaration and payment, within India, of the dividends (including dividends on preference shares) payable out of such income, as per Section 2(22A). Dividend, according to Section 2(22) includes- (a) any distribution by a company of accumulated profits, whether capitalised or not, if such distribution entails the release by the company to its shareholders of all or any part of the assets of the company; (b) any distribution to its shareholders by a company of debentures, debenture-stock, or deposit certificates in any form, whether with or without interest, and any distribution to its preference shareholders of shares by way of bonus, to the extent to which the company possesses accumulated profits, whether capitalised or not; (c) any distribution made to the shareholders Continue reading

Damages for Breach of Contract

Damages are a monetary compensation allowed to the injured party by the Court for the loss or  injury suffered by him by the breach of a contract. The object of awarding damages for the breach of contract is to put the injured party in the same position, so far as money can do it, as if he had not been  injured, i.e. in the position in which he would have been had there been performance and not breach. This  is called the doctrine of restitution. The rules relating to damages may be considered as under: 1. Damages arising naturally – Ordinary damages When a contract has been broken, the injured party can recover from the other party such  damages as naturally and directly arose in the usual course of things from the breach. This means that the  damages must be the proximate consequence of the breach of contract. These damages Continue reading