PSU INCOME & DIVIDEND

This query is : Resolved

CA Vanesh Nadar (Querist)
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06 July 2010 DEAR FRIENDS

I just want to clarify that,

Is there any compulsion on the PSU to declare certain portion of Income as Dividend even though they have been having an huge Carried Forward Losses.

Please provide with doc evidence.

Regards/Vanesh

Aditya Maheshwari

Aditya Maheshwari (Expert)
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06 July 2010 I think there is a violation of section 205 which states dividend should be paid out of profits only.

However if bare reading of section 205 is read it states as

(2A) Notwithstanding anything contained in sub-section (1), on and from the commencement of the Companies (Amendment) Act, 1974, no dividend shall be declared or paid by a company for any financial year out of the profits of the company for that year arrived at after providing for depreciation in accordance with the provisions of sub-section (2), except after the transfer to the reserves of the company of such percentage of its profits for that year, not exceeding ten per cent, as may be prescribed :

Provided that nothing in this sub-section shall be deemed to prohibit the voluntary transfer by a company of a higher percentage of its profits to the reserves in accordance with such rules as may be made by the Central Government in this behalf.]

So documentation could be the profit & loss a/c for the year ended that would be sufficeint i think