2018 (8) TMI 846 - AT - Income Tax

Deemed dividend u/s 2(22)(e) - amount upto the accumulated profits of the company - rectification of an order u/s 254(2) - Appellant is a substantial shareholder in the company - the company took a loan against the Keyman Insurance Policy and this sum was advanced to the Appellant - Held that - Since the Keyman Insurance Policy is for the benefit to the assessee, it was held that the same is taxable as deemed dividend u/s 2(22)(e) of the Act. However, as rightly pointed out by the learned Counsel for the assessee, the provisions of section 2(22)(e) of the Act would be applicable only to the extent of accumulated profits of the company available at the beginning of the relevant financial year. Thus, we agree with the contention of the assessee, that there is a mistake apparent from the order of the Tribunal. Additions restricted to the amount of accumulated profit - Decided partly in favor of assessee.

Summary

Issues:
Rectification of order regarding deemed dividend u/s 2(22)(e) of the Income Tax Act, 1961.

Analysis:
The Miscellaneous Application sought rectification of the Tribunal's order concerning the taxation of a sum as deemed dividend u/s 2(22)(e) of the Income Tax Act, 1961. The appellant, a substantial shareholder in a company, received a loan advanced against a Keyman Insurance Policy. The appellant contended that the loan did not utilize accumulated profits, thus the provision of section 2(22)(e) was inapplicable. However, the Tribunal found a clear nexus between the loan and the amount advanced, leading to the taxation of the sum as deemed dividend. The appellant argued that the loan from LIC was crucial, and without it, no accumulated profits would have been lent, thus the provision should not apply.

The appellant's counsel emphasized that for section 2(22)(e) to apply, loans must be advanced from the company's accumulated profits. The Tribunal recognized the connection between the loan from LIC and the premium for the Keyman Insurance Policy, deeming it taxable as deemed dividend. However, it was acknowledged that the provision should only apply to the extent of accumulated profits available at the beginning of the financial year. Consequently, the Tribunal rectified the mistake and restricted the addition u/s 2(22)(e) to the amount of accumulated profits, allowing the appellant's appeal.

In conclusion, the Tribunal rectified the order, limiting the deemed dividend addition to the extent of accumulated profits, thereby granting relief to the appellant. The rectification was based on the clear nexus established between the loan and the advance, ensuring the correct application of the provisions of section 2(22)(e) of the Income Tax Act, 1961.