In absence of accumulated profit, section 2(22)(e) cannot be invoked

ACIT Vs Sanjay Passi (ITAT Delhi)

We are of the considered view that Ld. CIT(A) has rightly observed that AO has wrongly made the addition u/s. 2(22)(e) by holding that there are accumulated profits in the hands of M/s Robin Software Pvt. Ltd. Ld. CIT(A) has also noticed that the AO has completed the assessment of M/s Robin Software Pvt. Ltd. for assessment year 2012-13 and no addition has been made in the hands of that company and return of loss has been accepted. Therefore, the Ld. CIT(A) has rightly cancelled the order of the AO by holding that if the AO has accepted the income

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