Assessee bought back its own shares from its 99.99 per cent holding company at Mauritius at an abnormally high price . Tribunal held that payment for buy-back in excess of fair market price of shares of assessee, would certainly fall within ambit of section 2(22)(e) and could be taxed as dividends, in hands of assessee-company; however, since this aspect of matter had not been examined by authorities below, matter was remanded to assessing authority .On appeal Court held that , Tribunal was right and within its jurisdiction in directing examination of fair market value of shares bought-back by it during previous year relevant.(AY. 2011-12)