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Microlesson · 5-min read

Declaration of Dividend — Sources of Dividend (Section 123)

# Declaration of Dividend — Sources (Section 123)

## What is a Dividend?

A dividend is an apportionment of revenue profits distributed to shareholders. It is the shareholder's share of the company's earnings.

## The Four Permitted Sources

A company may declare or pay dividend for any financial year only out of:

SourceDescription
(a)Profits of the company for that year — after providing for depreciation per Section 123(2)
(b)Profits of any previous financial year(s) — after providing for depreciation, remaining undistributed
(c)A combination of (a) and (b)
(d)Money provided by the Central/State Government for payment of dividend, where the Government has given a guarantee

## Crucial Exclusion (Proviso)

While computing profits for dividend, the following must be excluded:

  • Unrealised gains
  • Notional gains
  • Revaluation of assets
  • Any change in carrying amount of an asset/liability on fair value measurement

> Why? Dividend is paid from real, realised profits — not paper gains. Distributing notional/unrealised gains would effectively be distributing capital.

## Why Depreciation Must Be Provided First

Depreciation is a notional estimate of reduction in an asset's value due to:

1. Wear and tear

2. Efflux of time

3. Improvements in technology

If depreciation is NOT provided for:

  • The asset value is overstated in the Balance Sheet
  • Current year profits are overstated

Consequence at winding-up: Assets appear sufficient on paper to repay capital, but realisable value falls short. In effect, the company would have distributed dividend out of capital — which is prohibited (the same logic that prohibits issue of shares at a discount).

Hence, the law mandates provision for depreciation out of profits before declaring dividend.

⚠️ Common exam mistakes

  • Treating revaluation surplus or fair value gains as profits available for dividend — these are notional and must be excluded under the proviso to Section 123.
  • Forgetting that dividend out of Government-guaranteed funds is a permitted source under Section 123(1)(d).
  • Confusing 'depreciation' as a cash outflow — it is a notional provision, but is mandatory before declaring dividend.
  • Believing dividend can be paid out of capital — it is strictly prohibited; only revenue profits qualify.
Bare-Act text Section 123(1) and Proviso, Companies Act, 2013 · The Companies Act, 2013 · click to expand
Section 123(1): No dividend shall be declared or paid by a company for any financial year except — (a) 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), or (b) out of the profits of the company for any previous financial year or years arrived at after providing for depreciation in accordance with the provisions of that sub-section and remaining undistributed, or (c) out of both, or (d) out of money provided by the Central Government or a State Government for the payment of dividend by the company in pursuance of a guarantee given by that Government: Provided that in computing profits any amount representing unrealised gains, notional gains or revaluation of assets and any change in carrying amount of an asset or of a liability on measurement of the asset or the liability at fair value shall be excluded.
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