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2024 (11) TMI 1216 - HC - Income TaxDeemed divided u/s 2(22)(e) - arriving at the accumulated profits u/s 2(22)(e) whether deduction of depreciation as provided under the Income-tax Act is necessary or not for taxing any loan borrowed from the company, as deemed dividend? - HELD THAT - In Navnit Lal C Javeri 1970 (3) TMI 33 - BOMBAY HIGH COURT dealt with the issue as to what is the correct method for determination of accumulated profits u/s 2(6A)(e) and if there are any accumulated profits so determinable, what is the correct amount thereof and held that for the purpose of calculating profits within the meaning of the phrase accumulated profits under section 2(6A)(e), an allowance of depreciation should be made by way of a deduction at the rates provided for by the Income-tax Act itself. Also in JAMNADAS KHIMJI KOTHARI. 1972 (10) TMI 24 - BOMBAY HIGH COURT held that phrase accumulated profits does not mean profits as disclosed by the company s balance-sheet. The profits disclosed would be subject to adjustment and the depreciation as granted in accordance with the rates prescribed by the Income-tax Act would have to be deducted for ascertaining the accumulated profits - Decided in favour of assessee.
Issues:
Interpretation of Section 2(22)(e) of the Income-tax Act for taxing deemed dividend, Calculation of accumulated profits, Relevance of depreciation in determining accumulated profits. Analysis: The appeal before the High Court pertained to the assessment year 2000-01 under Section 260A of the Income-tax Act, 1961, focusing on the interpretation of Section 2(22)(e) for taxing deemed dividend. The dispute arose when the Assessing Officer treated a loan taken by the assessee from a company, in which the assessee was a shareholder, as deemed dividend under Section 2(22)(e). The contention was whether the deduction of depreciation is necessary for arriving at accumulated profits under Section 2(22)(e) and whether the loan amount is liable to tax as deemed dividend. The assessee argued that the correct method for determining accumulated profits should include depreciation deductions, as per the decisions of the Bombay High Court in Navnit Lal C Javeri and Jamnadas Khimji Kothari. On the other hand, the Revenue contended that accumulated profits in Section 2(22)(e) are taxable profits and depreciation need not be considered for calculating accumulated profits. The Commissioner of Income-tax (Appeals) held that accumulated profits should be computed after considering depreciation as per Income-tax Rules, relying on the decisions of the Bombay High Court. However, the Income Tax Appellate Tribunal overturned this decision, following the Supreme Court's ruling in P.K. Badiani, which defined accumulated profits as profits in the commercial sense, not necessarily taxable profits. The High Court analyzed the precedents set by the Bombay High Court in Navnit Lal C Javeri and Jamnadas Khimji Kothari, emphasizing the importance of allowing depreciation deductions to determine accumulated profits accurately. The Court noted that the Supreme Court's decision in P.K. Badiani did not address the specific issue at hand and aligned with the Bombay High Court's interpretation. Consequently, the High Court ruled in favor of the assessee, setting aside the Income Tax Appellate Tribunal's order and reinstating the Commissioner of Income-tax (Appeals) decision. The judgment highlighted the significance of considering depreciation while calculating accumulated profits under Section 2(22)(e) of the Income-tax Act. The Court's decision was based on the principles established by the Bombay High Court, emphasizing the capital nature of depreciation and its role in determining accurate accumulated profits.
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