dividend distribution tax

YOGESH MANTRI (STUDENT (PERSUING CA )) (111 Points)

29 December 2010  
dEAR sIR
 
WE ARE GOING TO FILE WITH ROC ON BEHALF OF CLIENT A COMPANY UNDER EASY EXIT SCHEME.
 
NOW EASY EXIT SCHEME WILL RESULT IN STRIKING OF NAME WITH ROC
 
IT IS NOTHING BUT LIQUIDATION
 
THE SHAREHOLDERS WILL GET MONEY ON LIQUIDATION.
 
 
THE COMPANY HAS SHARE CAPITAL RS.1 LAKH RESERVES OF 46 LAKH
 
ASSET SIDE RS.47 LAKH SHARES INVESTED IN SISTER / GROUP COS.
 
 
 
AS PER SECTION 2(22)C
ANY ACCUMULATED PROFITS DISTRIBUTED ON LIQUIDATION IS DIVIDEND LIABLE FOR DIVIDEND DISTRIBUTION TAX U/S 115-O [ AS RESERVES ARE RS.46 LAKHS HENCE DDT ]
 
AS PER SECTION 46(2)
ANY SURPLUS RECD REDUCED BY DIVIDEND WILL BE CAPITAL GAIN IN THE HANDS OF SHAREHOLDERS LIABLE FOR TAX
 
MY QWERY IS
AM I INTEREPRETING THE INCOME TAX ACT CORRECTLY FOR PAYMENT OF  DIVIDEND DISTRIBUTION TAX U/S 115-O ?
 
OR IS THERE ANY OTHER PROVISION IN THE INCOME TAX STATING THAT SUCH A DIVIDEND IS TAX FREE ?
 
OR IT IS CAPITAL RECIEPT NOT TAXABLE IN THE HANDS OF SHAREHOLDERS ? 
 
REGARDS
 
YOGESH MANTRI