2012 (7) TMI 462 - AT - Income Tax

Dis allowance of Business Promotion expenses - being of non-business views - Held that - The invoice submitted by assessee reveals the purpose that the business promotion expenses were incurred as commissioning advance for value assessment of commercial plot in Noida and AO disallowed business promotion expenses only on cryptic reason stating that no details and purpose was given or offered by the assessee - the purpose of above payment as business promotion expenses was properly explained by the assessee as the fresh evidence submitted by the assessee and admitted after due procedure as provided in Rule 46A of the ITR - decided against revenue. Addition on account of deemed dividend u/s 2(22)(e) - the assessee company has taken loan from A.P. Projects Ltd. - Held that - Shri Pankaj Bajaj was director of the assessee company and he was also a director in the lender AP Projects Private Limited during the year under consideration. In view of the exception as per sub-clause (ii) of Section 2(22)(e, the provisions of deemed dividend are not applicable as the appellant assessee company was not a shareholder in lender A.P. Projects Private Limited and Section 2(22)(e) of the Act is not applicable to a non shareholder - against revenue.

Summary

Issues:
1. Deletion of addition on account of Business Promotion expenses.
2. Deletion of addition on account of deemed dividend u/s 2(22)(e) of the Income Tax Act.

Issue 1: Deletion of addition on account of Business Promotion expenses

The Assessing Officer (AO) disallowed a payment of Rs.2,62,500 as business promotion expenses due to lack of details provided by the assessee. However, the Commissioner of Income Tax (Appeals) [CIT(A)] admitted additional evidence submitted by the assessee, which clarified that the payment was a commissioning advance for value assessment of a commercial plot. The CIT(A) found that the AO's disallowance lacked proper justification and principles of natural justice. The CIT(A) considered the additional evidence and ruled in favor of the assessee, stating that the payment was justified. The ITAT upheld the CIT(A)'s decision, dismissing ground no. 1 of the appeal.

Issue 2: Deletion of addition on account of deemed dividend u/s 2(22)(e) of the Income Tax Act

Regarding the addition of Rs.59,11,246 as deemed dividend u/s 2(22)(e) of the Act, the CIT(A) noted that the appellant company was not a shareholder in the lending company, A.P. Projects Private Limited. The CIT(A) referred to relevant case laws and exceptions under section 2(22)(e), stating that the provisions of deemed dividend did not apply to a non-shareholder. The ITAT cited the judgment in CIT vs. Hilltop and the decision of the Special Bench of ITAT Mumbai in ACIT vs. Bhaumik Colour, emphasizing that deemed dividend can only be assessed in the hands of a registered shareholder who is also a beneficiary. As the appellant company was not a shareholder in the lender company, the ITAT agreed with the CIT(A) and dismissed ground no. 2 of the appeal.

In conclusion, the ITAT upheld the CIT(A)'s decision to delete both additions, emphasizing the importance of following legal provisions and exceptions under the Income Tax Act. The appeal by the Revenue was dismissed, and the order was pronounced on June 11, 2012.