Tag: deemed dividend 2(22)(e)
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 …
Trade advances are not deemed dividend u/s 2(22)(e) as they do not fall within the ambit of the word ‘advance’ – CBDT Circular Circular No. 19/2017 F.No. 279/Misc./140/2015/ITJGovernment of IndiaMinistry of FinanceCentral Board of Direct Taxes New Delhi, Dated 12th June, 2017 Sub: Settled View on section 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 …
Advance for purchasing capital assets not deemed divided u/s 2(22)(e). It was a trade advance in the normal course of business – ITAT ABCAUS Case Law Citation: ABCAUS 1180 (2017) (03) ITAT The Grievance: The appellant assessee company was aggrieved by the addition made by the Assessing Officer …
