Income Tax

Deemed Dividend-Loan to firm where partners are shareholders of the company not considered deemed dividend u/s 2(22)(e)

Deemed Dividend-Loan to firm where partners are shareholders of the company. Advances not considered deemed dividend u/s 2(22)(e)

ABCAUS Case Law Citation:
ABCAUS 1224 (2017) (04) ITAT

The Grievance:
The appellant assessee was aggrieved by the order passed by the Commissioner of Income Tax (Appeals) in confirming the order of the Assessing Officer (AO) in treating the amount received as loan as deemed dividend u/s 2(22)(e) of the Income tax Act, 1961 (‘the Act’).

Assessment Year : 2006-07
Date/Month of Pronouncement: April, 2017

Important Case Laws Cited/relied upon:
ACIT vs. Bhaumik Colour (P) Limited.

Brief Facts of the Case:
The appellant assessee was a partnership firm with two partners with 50% shares each in the firm. The two partners were also equal shareholders in one Private Limited company (‘the company’).

For the relevant year, during the course of assessment proceedings, the AO found that the assessee firm had shown a loan of Rs. 3 lakhs from the company and the accumulated reserves of the said company was far greater as per its balance sheet as on 31.03.2006. After affording an opportunity of being heard to the assessee, the AO treated such loan amount of Rs. 3 lacs as deemed dividend u/s 2(22)(e).

Assessee challenged the same before the Ld. CIT (A) but the CIT(A) dismissed the ground relating to this issue of deemed dividend and confirmed the same.

Aggrieved, the assessee was before the Tribunal.

Contentions of the appellant assessee:
It was submitted that section 2(22)(e) had no application to the amounts received from the company by the partnership firm who was not a shareholder in the company and therefore, the said loan could not be assessed to tax in the hands of the assessee.

It was further submitted that the partner never withdrew any amount from the partnership firm.

Observations made by the Tribunal:
Placing reliance on the decision in the case of Bhaumik Colours (P) Ltd. the Tribunal opined that so long as the assessee firm was not a shareholder, any loan obtained by the assessee firm from the Private Limited Company, wherein the partners of the assessee firm were  the shareholders, was not taxable in the hands of the assessee.

Held:
Held that the orders of the authorities below could not be sustained and the appeal had to be allowed deleting the addition made by the AO treating the loan as a deemed dividend u/s 2(22)(e) of the Act.

Download Full Judgment

Share

Recent Posts

  • ICAI

Empanelment of ICAI Exam observer for January 2027 Examinations. Last date: 20.11.2026

Empanelment to act as ICAI exam observers for January 2027 CA Examination. Last date to apply is 20.11.2026 Empanelment of…

10 hours ago
  • GST

No arrest under GST- Major decision of 57th Meeting of GST Council held on 8th October 2026

No arrest under GST- Major decision taken in 57th Meeting of the GST Council on 8th October 2026 PRESS RELEASE…

2 days ago
  • Income Tax

Later SC ruling cannot render an act done in compliance of a court order a statutory default

A subsequent Apex Court ruling on the substantive issue cannot retrospectively make an act done in compliance of a binding…

3 days ago
  • Income Tax

Interest payment on mobilisation advance to NHAI not liable to TDS u/s 194A

Interest payment on mobilisation advance to NHAI not liable for deduction of tax at source u/s 194A - ITAT Interest…

3 days ago
  • Income Tax

Typographical error in turnover accepted during assessment not a mistake apparent from record

Typographical error in turnover declared in ITR was not as a mistake apparent from the record u/s 154 when AO…

5 days ago
  • Income Tax

Plea that assessee was not aware of order cannot be brushed aside in absence of proof of service

Ground taken by assessee that he was not aware of the order cannot be brushed aside so lightly in absence…

5 days ago