2014 (4) TMI 825 - HC - Income Tax

Applicability of section 2(22)(e) of the Act Deemed dividend Scope of loans and advances - Amount received for the purpose of executing the construction work Held that - The amount received from M/s.Vista Securities Technics Pvt.Ltd., is stated to be to the tune of Rs.1,90,00,000/-, whereas the amount treated as deemed dividend in the order of assessment was to the tune of Rs.87,57,297 - this has no correlation to the assessed figure and the deemed dividend considered u/s 2(22)(e) of the Act to the extent of Rs.87,57,297 - apart from agreeing with the conclusion in the order of the Tribunal pointing out to the confusion in the assessment order, the ground also suffers from the same error - the assessee had executed work for the company in the nature of construction of buildings and the said transaction being in the nature of a simple business transaction there is no justifiable ground to bring the case of the assessee within the definition of deemed dividend u/s 2(22)(e) of the Act Decided against Revenue.

Summary

Issues:
Admission of Tax Case (Appeal) for assessment year 2007-08 regarding the applicability of Section 2(22)(e) of the Income Tax Act.

Analysis:
1. The case involved the assessment of an individual who was the proprietor of a construction company and also held a significant share in a private limited company. The Assessing Officer added a sum to the individual's income under Section 2(22)(e) of the Income Tax Act, treating it as deemed dividend from the private limited company. The individual argued that the amount received was for construction work and not a loan or advance falling under Section 2(22)(e).

2. The Commissioner of Income Tax (Appeals) agreed with the individual, stating that the advance money received was for constructing a building for the private limited company and not a deemed dividend. The Commissioner relied on precedents to support this view and allowed the individual's appeal.

3. The Revenue appealed to the Income Tax Appellate Tribunal, which upheld the Commissioner's decision. The Tribunal noted that the Assessing Officer's confusion regarding the source of the amount received and the nature of the transaction as a normal business dealing. The Tribunal also emphasized that the factual findings supported the individual's case, and the Revenue's reliance on previous judgments was not applicable.

4. The Revenue argued that the discrepancies in the assessment order should not be fatal to their case and highlighted additional amounts received by the individual. However, the Court rejected this argument, pointing out the inconsistencies in the Revenue's case and the lack of dispute regarding the nature of the transaction as a business deal.

5. Ultimately, the Court dismissed the Revenue's case, emphasizing the lack of grounds to classify the transaction as deemed dividend under Section 2(22)(e) of the Income Tax Act. The Court found no justification to bring the individual's case within the definition of deemed dividend, considering the nature of the transaction and the confusion in the Revenue's arguments.

6. The Court concluded by dismissing the Tax Case (Appeal) and closing the connected miscellaneous petition without costs, affirming the decision in favor of the individual based on the facts and legal interpretations presented during the proceedings.