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Deemed dividend applies only where there is ‘actual payment’ & not on transaction in kind
Case Law Details
- Case Name
- Parag Desai Vs Addl. CIT (ITAT Indore)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2008-09
- Courts
- All ITAT, ITAT Indore
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CA Pankaj G. Shah
Deemed Dividend – For invoking provisions of Section 2(22)(e) there should be actual payment, existence of Reserves at the time of making payment – Credit sale is not ‘loan’ or ‘advance’ for purpose of S.2(22)(e) – ITAT Indore Bench
Please find attached a recent decision of Parag Desai v. Addl. CIT (ITA 488/Ind/2013) by ITAT Indore Bench as under:
The Assessee was a significant shareholder in a company – The company sold building to shareholder on credit – Department treated it as ‘loan’ or ‘advance̵...







thank you