Loan from Closely held Company to pay Salary is ‘Commercial Transaction’ for the purpose of ‘Deemed Dividend’: ITAT [Read Order]
The Hyderabad bench of ITAT recently declared that any loan taken from the closely held company to discharge the payment of salary is ‘commercial transaction’ for the purpose of ‘Deemed Dividend’ under Section 2(22)(e) of
Case Digest: Deemed Dividends u/s 2(22)(e) of the Income Tax Act
Dividend usually refers to the distribution of profits by a company to its shareholders. However, in view of Section 2(22) of the Income Tax Act, 1961, the dividend shall also include the following: (a) Distribution
Completion of Assessment in Hand of Company enough to prove Expense incurred for Business, Section 2(22)(e) can’t be invoked: ITAT [Read Order]
The Chennai Bench Income Tax Appellate Tribunal (ITAT) held that completion of assessment in the hand of the company is enough to prove the expense incurred for business and section 2(22) e cannot be invoked.
Trade Advances cannot be treated as ‘Deemed Dividend’, says CBDT [Read Circular]
The Central Board of Direct Taxes (CBDT) has clarified that trade advances would not attract the provisions of “deemed dividend” under the provisions of Section 2(22)(e) of the Income Tax Act. As per section 2(22) clause
‘Deemed Dividend’ provisions won’t attract for Re-Imbursement of Business Expenses of Company: ITAT [Read Order]
The Mumbai bench of the Income Tax Appellate Tribunal (ITAT) has recently held that the provisions of deemed dividend under Section 2(22)(e) of the Income Tax Act, 1961 would not attract in case of reimbursement
Shareholding Prerequisite for Deemed Dividend status for making Addition u/s 2(22) (e) of Income Tax Act: ITAT deletes Addition [Read Order]
The Chennai bench of the Income Tax Appellate Tribunal ( ITAT ) has deleted an addition made under Section 2(22)(e) of the Income Tax Act, 1961 ruling that shareholding prerequisite is essential to qualify for
Provisions of ‘Deemed Dividend’ would attract if Loan / Advance was given for Sale of Property: ITAT Bengaluru [Read Judgment]
The Bengaluru Bench of the Income Tax Appellate Tribunal (ITAT), Bengaluru consisting of George George K and Jason P. Boaz has clarified the actions of the revenue in regarding treating of Loans/advances for sale as
Gratuitous Loan by Company to Shareholders in Return to an advantage cannot be treated as Deemed Dividend: ITAT deletes Addition u/s 2(22)(e)
The Delhi Bench of Income Tax Appellate Tribunal (ITAT) presided by Mr. Anil Chaturvedi, Accountant Member, and Ms. Astha Chandra, Judicial Member has held that gratuitous loan by the company to shareholders in return to
Mere Issuance of a Cheque that was Subsequently Cancelled and Returned would not constitute ‘Payment of Sum’ attracting ‘Deemed Dividend’: Allahabad HC [Read Order]
A division bench of the Allahabad High Court recently ruled that the provisions of deemed dividend would not attract in case of mere issuance of a cheque that was subsequently cancelled and returned. While quashing
Deemed Dividend would not attract when the Shareholder, who received the Loan holds 10% of Voting Power of the Company: Gujarat HC
While dismissing a departmental appeal, a division bench of the Gujarat High Court held that the provisions relating to ‘deemed dividend’ would not attract when the borrowing by one person and some other person holding
Provisions relating to deemed dividends cannot be invoked in normal business transactions under Income Tax Act: ITAT Delhi [Read Order]
The Delhi bench of the Income Tax Appellate Tribunal, in a recent ruling, held that section 2(22)(e) of the Income Tax Act, 1961 is not applicable to pure business transactions. While quashing the order of
Deemed Dividends cannot be Taxed in the Hands of Non-Shareholders: ITAT Deletes Addition [Read Order]
The Ahmedabad Bench of Income Tax Appellate Tribunal (ITAT) has deleted the additional holding that the deemed dividends could not be taxed in the hands of non-shareholders. The Assessing Officer (AO) during the impugned order
Provisions of Deemed Dividend Applicable only to Extent of Accumulated Profits available at the beginning of the relevant FY: ITAT [Read Order]
The Hyderabad bench of the Income Tax Appellate Tribunal ( ITAT ) has held that the provisions relating to deemed dividend under section 2(22)(e) of the Income Tax Act is applicable only to the extent
Deemed Dividend can’t be assessable in the hands of Director when AO accepted Company’s Return without any Objection: ITAT [Read Order]
The Income Tax Appellate Tribunal ( ITAT ), Delhi bench held that the director cannot be assessed for the deemed dividend when the Assessing Officer had accepted the Company’s return without any objection. The assessee,
Flat purchased for providing Residential Accommodation to Managing Director is a Business Necessity: ITAT [Read Order]
The Mumbai bench of the Income Tax Appellate Tribunal (ITAT) has held that when a company purchases flat for providing accommodation facility to its Managing Director, the tax benefits shall not be denied to it