Deemed dividend u/s 2(22)(e) - assessee company is a shareholder ...
Ruling: Deemed dividends require recipient to be lender's shareholder; funds received by non-shareholders not taxable.
February 28, 2024
Case Laws Income Tax AT
Deemed dividend u/s 2(22)(e) - assessee company is a shareholder of lender company or not? - The ITAT held that for amounts to be considered as deemed dividends under Section 2(22)(e), specific conditions must be met, including the recipient being a shareholder of the lender company. The court found that the appellant companies were not shareholders of M/s. IG3 Infra Limited at the time of receiving the funds, hence the provisions of Section 2(22)(e) could not be applied.
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