Tag: deemed dividend 2(22)(e)
Unaccounted tax liabilities to be deducted from reserves for levy of deemed dividend u/s 2(22)(e). AO should consider the liability while considering the status of the accumulated profit of the assessee ABCAUS Case Law Citation: ABCAUS 2911 (2019) (05) ITAT Important Case Laws Cited/relied upon by the parties …
No deemed dividend u/s 2(22)(e) when assessee not the beneficial owner of shares. Issue pending before larger bench of Supreme Court was not relevant – High Court ABCAUS Case Law Citation: ABCAUS 2835 (2019) (03) HC Important Case Laws Cited/relied upon by the parties Universal Medicare National Travel …
Advances made to group companies who were short of funds in order to honour cheque not deemed dividend but advances for business purpose. ABCAUS Case Law Citation: ABCAUS 2755 (2019) (01) ITAT Important Case Laws Cited/relied upon by the parties Bright Enterprises Pvt. Ltd. Vs. CIT (2016), 381 …
Closing debit balance of directors current account not deemed dividend u/s 2(22)(e) if no fresh loan/advance was given during the year – ITAT ABCAUS Case Law Citation: ABCAUS 2584 (2018) (10) ITAT Important Case Laws Cited/relied upon by the parties: CIT v. K. Srinivasan 59 ITR 788 (Mad.) …
Proportionate allocation of deemed dividend based on shareholding of borrowing company may arise if there are two or more common shareholders in lending and borrowing company ABCAUS Case Law Citation: ABCAUS 2568 (2018) (10) HC Important Case Laws Cited/relied upon by the parties: ACIT Vs Bhaumik Colours Pvt. …
Deemed dividends not exempted u/s 10(34) in the hand of the payee since there is no payment of additional tax under Section 115(O)-High Court ABCAUS Case Law Citation: ABCAUS 2263 (2018) (03) HC The appellant assessee had challeneged the order of the ITAT holding that assessee was liable …
Deemed dividend upheld when amount was parked in long term investments and hence could not qualify as to be made in the course of business – High Court ABCAUS Case Law Citation: ABCAUS 2219 (2018) (02) HC The Challenge/Grievance: The case law involves an appeal filed by the …
Deemed dividend provisions not attracted in absence of actual payment. Payment u/s 2(22)(e) has to be physical-actual and not mere book entry-High Court ABCAUS Case Law Citation: ABCAUS 2144 (2017) (12) HC The Challenge/Grievance: The instant appeal was filed by the Income Tax Department (the Revenue/Department) This under …
No deemed dividend u/s 2(22)(e) where personal property pledged as collateral security for enabling the company to obtain loan/credit facilities from bank – ITAT ABCAUS Case Law Citation:ABCAUS 2123 (2017) (11) ITAT The respondent assessee was one of the directors of a Private Limited Company with substantial interest. …
Deemed Dividend u/s 2(22)(e) do not extend to non-shareholders. The fiction not to be extended further for broadening the concept of shareholders – Supreme Court agrees with High Court ABCAUS Case Law Citation: ABCAUS 2099 (2017) (10) SC Deemed Dividend u/s 2(22)(e) do not extend to non-shareholders In …
