Kerala HC Allows Open Remand in Section 2(22)(e) Deemed Dividend Case

Dr. K.M. Ashik Vs CIT (Kerala High Court)

Kerala High Court held that remand by the ITAT regarding additions under Section 2(22)(e) of the Income Tax Act shall be treated as an open remand. The assessee can argue non-applicability of Section 2(22)(e), and if Section 68 is considered, the assessee must be given a fair opportunity to explain cash credits.

The Kerala High Court recently disposed of appeals filed by an assessee, Dr. K.M. Ashik, challenging a direction from the Income Tax Appellate Tribunal (ITAT) concerning income additions for the assessment ye

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