‘DEEMED DIVIDEND’ PROVISIONS NOT APPLICABLE IF ADVANCES WERE GIVEN TO SHAREHOLDER FOR BUSINESS PURPOSE
ACIT Vs Krishna Coil Cutters Pvt. Ltd. (ITAT Ahmedabad)
On facts, it has emerged that the lender company has charged interest on the advances made to the assessee company. In the circumstances, the Hon’ble Calcutta High Court in the case of Pradip Kumar Malhotra vs. CIT (2011)338 ITR 538(Cal) has observed that advances given by the lender was not for the individual benefit of the shareholder but for business purposes and therefore such transactions would not fall within the sweep of deeming fiction created under s.2(22)(e) of the Act. This reason on a standalone basis is sufficient to exclude the applicability of Section 2(22)(e) of the Act on the money received by the assessee.
Team – Intellex Strategic Consulting Pvt Ltd
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