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2015 (10) TMI 1467 - AT - Income TaxDeemed dividend u/s.2(22)(e) - CIT(A) deleted the addition - Held that - Similar issue was considered by the Tribunal in assessee s own case 2013 (9) TMI 1051 - ITAT CHENNAI wherein held that deemed dividend under s. 2(22)(e) of the I.T. Act, 1961 can be assessed only in the hands of a shareholder of the lender company and not in the hands of any other person. Here admittedly the assessee-company was not holding any shares in the lender company at all. - Decided in favour of assessee.
Issues:
Deletion of addition under section 2(22)(e) of the Income Tax Act. Analysis: The appeal addressed the deletion of an addition of Rs. 29,69,000 made under section 2(22)(e) of the Income Tax Act. The assessee had received a loan from a company, and the Assessing Officer contended that the provisions of section 2(22)(e) applied due to substantial interest of shareholders in both companies. However, the Commissioner of Income-tax(Appeals) ruled in favor of the assessee, stating that the loan could not be considered as deemed dividend since the assessee was not a shareholder of the lending company. This decision was based on a previous Tribunal ruling in the assessee's case. The Tribunal noted that the assessee failed to demonstrate the commercial nature of the transactions with the lender company. Despite the lack of evidence supporting the loan as a deposit for dealership, the Tribunal emphasized that for a loan to be deemed dividend under section 2(22)(e), the benefit must have been received by shareholders. The Tribunal cited a Special Bench decision and held that deemed dividend should only be assessed in the hands of a shareholder of the lending company. This interpretation was supported by the Hon'ble Delhi High Court in related cases. The Tribunal concluded that the issue was in favor of the assessee based on previous rulings and dismissed the Revenue's appeal. This detailed analysis of the judgment highlights the interpretation and application of section 2(22)(e) of the Income Tax Act in the context of the loan received by the assessee, emphasizing the necessity for the benefit to be received by shareholders for a loan to be deemed dividend. The Tribunal's reliance on previous decisions and the specific legal interpretations provided a strong basis for dismissing the Revenue's appeal.
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