2011 (2) TMI 1478 - AT - Income Tax

Summary

Issues Involved: The appeal and cross objection are directed against the order of the ld. CIT(A) u/s 250(6) of the Income-tax Act, 1961, revolving around the deletion u/s 2(22)(e) of the Act.

Revenue's Appeal - Assessment Year 2007-08:
1. The AO made an addition u/s 2(22)(e) of the Act based on the shareholding pattern of the assessee and M/s Arora Fabrics Pvt Ltd.
2. The ld. CIT(A) deleted the additions after considering the submissions and case laws, stating that the loans and advances cannot be taxed as deemed dividend u/s 2(22)(e) as only shareholders can be assessed for deemed dividend.
3. The ld. CIT(A) found that the conditions of Sec 2(22)(e) regarding shareholding were not fulfilled, and different shareholders cannot be clubbed to decide the issue.
4. The Tribunal upheld the findings of the ld. CIT(A) based on the legal discussions and case laws cited by the assessee.

Cross Objection - Assessment Year 2007-08:
1. The cross objection was dismissed as infructuous in support of the appellate order.
2. The appeal of the revenue and the cross objections filed by the assessee were both dismissed.

Conclusion: The Tribunal upheld the decision of the ld. CIT(A) to delete the additions made u/s 2(22)(e) of the Income-tax Act, 1961, based on the shareholding patterns and legal interpretations provided in various case laws.