2014 (2) TMI 185 - HC - Income Tax

Deemed Dividend u/s 2(22)(e) of the Act - Whether the company was dealing in lending of money or dealing in the business of lending of money and whether such business amounts to a substantial part of the business of the company Held that - There is a clear finding by the assessing officer as well as the appellate authorities that the company basically invest in shares and debentures and earns income by way of interest and dividend thus, when the assessing officer forms an opinion based on the materials on record that the company was fully engaged in activities like investing in shares and debentures and earns income by way of interest and dividend, in the absence of any other materials, a different finding is not possible - Certain materials had been produced to indicate that subsequent to the assessment year, certain loans were given to other persons - Since the Tribunal and the first appellate authority have considered the entire facts of the case and confirmed the order of the assessing officer - there is no material to indicate that the appellant is entitled for the benefit of exclusion as stated in Section 2(22)(e)(ii) of the Income- tax Act Decided against Assessee.

Issues:
1. Reopening of assessment for the assessment year 2003-2004.
2. Classification of certain advances as deemed dividend under Section 2(22)(e) of the Income-tax Act.
3. Justification for reassessment after four years without satisfying Section 149 of the Income-tax Act.
4. Sustainability of reassessment when the assessee had disclosed all documents for exemption.
5. Legality of making reassessment without providing an opportunity for further remedy.

Analysis:
1. The case involves the reopening of assessment for the assessment year 2003-2004 based on the observation that certain advances by a company to its Managing Director were deemed dividend under Section 2(22)(e) of the Income-tax Act. The assessee contended that the advances were part of the company's money lending business and should be excluded from the deemed dividend classification.

2. The key issue was whether the company's activities constituted a substantial part of the business of lending money, as required under Section 2(22)(e)(ii) of the Income-tax Act. The appellant argued that even a single transaction of lending money could qualify as a substantial business activity. However, the court found that the company primarily engaged in activities like investing in shares and debentures, with no substantial income from money lending. The Managing Director was the sole beneficiary of the loan, and there was no evidence of the company engaging in money lending as a business.

3. The appellant raised questions regarding the justification for reassessment after four years without satisfying the provisions of Section 149 of the Income-tax Act. The court noted that the assessing officer had formed an opinion based on the available materials, and the reassessment was deemed justified in the absence of new material to warrant a change of opinion.

4. The court also addressed the legality of reassessment concerning the disclosure of all documents for exemption under Section 2(22)(e)(ii) of the Income-tax Act. Despite the appellant's arguments, the court upheld the assessing officer's decision, as there was no evidence to support the exclusion of the advances from the deemed dividend classification.

5. Lastly, the appellant questioned the legality of making reassessment without providing an opportunity for further remedy. However, the court found that the Tribunal and the appellate authorities had thoroughly considered the facts of the case and confirmed the assessing officer's order, leading to the dismissal of the appeal.

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