2013 (12) TMI 662 - AT - Income Tax

Deemed dividend u/s 2(22)(e) The assessee had received a loan from the company to the extent of Rs.66,05,357 - The company had the reserve and surplus to the extent of Rs.35,63,996 - Held that - The amount received by the assessee from the company are clear cut in the nature of advances - The assesee was a beneficial owner as well as share holder holding more than 10% shares in the company - The provision of section 2(22)(e) are clearly applicable in the hands of the assessee Decided against assessee. Disallowance u/s 14A The assessee has taken unsecured loan out of which a sum of Rs.6,21,300/- was given to M/s.Kiran Investments Corporation and the balance amount was deployed in the company from which the assesee derived dividend income - Held that - The assessee has clearly accepted that money borrowed was utilized for purchase of shares - The assessee earned divedend income which was exempted form tax - The interest has been incurred by the assessee for earning of the dividend income Decided against assessee.

Summary

Issues:
1. Condonation of delay in filing the appeal.
2. Addition of deemed dividend under section 2(22)(e) of the Income Tax Act.
3. Disallowance of expenses under section 14A of the Income Tax Act.

Condonation of Delay:
The appeal was filed by the assessee against the order of the ld. C.I.T. (A)- Central-III, Kolkata, but it was barred by a 20-day limitation. The assessee submitted reasons for the delay, which were accepted by the tribunal, leading to the condonation of the delay.

Addition of Deemed Dividend:
The first ground of appeal focused on the addition of Rs.35,63,996/- as deemed dividend under section 2(22)(e) of the Income Tax Act. The assessee had received a loan from a company in which they held shares, resulting in the invocation of section 2(22)(e) by the Assessing Officer. The tribunal upheld the AO's decision, stating that the amount received was in the nature of advances, making the provisions of section 2(22)(e) applicable. The tribunal confirmed the addition as deemed dividend in the hands of the assessee.

Disallowance under Section 14A:
The second ground of appeal dealt with the disallowance of Rs.64,798/- under section 14A of the Income Tax Act. The AO disallowed the interest paid by the assessee, as the borrowed funds were invested in shares generating dividend income. The tribunal agreed with the AO's decision, stating that the interest incurred for earning exempted dividend income was rightly disallowed under section 14A. Consequently, the tribunal dismissed this ground of appeal.

In conclusion, the tribunal dismissed the appeal of the assessee after addressing the issues of condonation of delay, addition of deemed dividend, and disallowance of expenses under sections 2(22)(e) and 14A of the Income Tax Act.