| 21/5/2012 |
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| Board of Special Commissioners - Cases |
| Case No. 8b/94 |
Decided: 17 November, 2003 |
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Whether the receipt of bonus shares was of a capital or income nature - article 2, ITA
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After its preliminary decision, confirmed by the Court of Appeal, the Board considered whether the bonus shares received by appellant were taxable in his hands.
Appellant had claimed that the distribution of bonus shares was capital in nature, basing himself on the fact that the distributing company had accumulated substantial losses over the years out of which it had made the bonus issue.
The Board, however, making reference to the definitions of "bonus shares" and of "dividend" as found in article 2 of the Income Tax Act, and to the preliminary judgement by the Court of Appeal, came to the conclusion that the distributing company should have acted more prudently. It should have retained such funds in its Undistributed Profits and Losses Account and refrained from making the distribution. Once, however such distribution had been effected, such distribution was of an income nature and duly taxable in the hands of the recipient.
An appeal was made before the Court from this decision.
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