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Section 2(22)(e)

Latest Articles


Conceptual clarity on Deemed dividend

Income Tax : Gain insights on Deemed Dividends under the Income Tax Act: Understand taxability, TDS applicability, and key exemptions for optim...

March 9, 2024 2433 Views 0 comment Print

Deemed Dividend Taxation in India

CA, CS, CMA : Explore intricacies of deemed dividends in India. Understand definitions, applicable transactions, and tax implications. Uncover i...

January 4, 2024 2400 Views 0 comment Print

Taxability of Deemed Dividend under Section 2(22)(e) of Income Tax Act

Income Tax : The dividend income received by non-resident individuals, including Foreign Portfolio Investors (FPIs) and Non-Resident Indian cit...

May 27, 2023 33966 Views 1 comment Print

Some Significant Cases Related To Deemed Dividends

Income Tax : Understand the tax implications of bonus shares in deemed dividends. Explore the case of PCIT vs. Dr. Ranjan Pai and its impact on...

May 25, 2022 5619 Views 0 comment Print

Meaning of expression ‘substantial part of business’ for Section 2(22)(e)

Income Tax : The meaning of the expression ‘substantial part of business’ for the purpose of Section 2(22)(e) Introduction Section ...

January 11, 2022 3984 Views 0 comment Print


Latest Judiciary


Passing of revisionary order u/s. 263 without giving adequate opportunity of being heard unsustainable: ITAT Ahmedabad

Income Tax : ITAT Ahmedabad held that passing of revisionary order by PCIT u/s. 263 of the Income Tax Act without giving proper and adequate op...

August 15, 2024 300 Views 0 comment Print

Deemed Dividend u/s 2(22)(e) cannot be assessed by way of double deeming

Income Tax : ITAT Bangalore rules that deemed dividend u/s 2(22)(e) can't be assessed by double deeming unless the assessee receives a direct b...

August 13, 2024 309 Views 0 comment Print

Validity of initiation of reassessment u/s. 147 and 148 must be independently evaluated: Delhi HC

Income Tax : The department issued notice u/s. 148A(b) of the Income Tax Act, 1961, alleging that the petitioner had received loan from its 100...

August 10, 2024 351 Views 0 comment Print

Section 2(22)(e) of Income Tax Act is applicable only to registered shareholders

Income Tax : Read about the ITAT Chennai case between DCIT and Gemini Traze RFID Pvt. Ltd. regarding deemed dividend status under Section 2(22)...

March 27, 2024 2016 Views 0 comment Print

Section 2(22) Not Applicable to Non-Beneficiary Shareholders: ITAT Kolkata

Income Tax : In DCIT Vs Eko Diagnostic Pvt. Ltd., ITAT Kolkata rules that Section 2(22) of Income Tax Act doesn't apply to non-beneficiary shar...

March 24, 2024 381 Views 0 comment Print


Latest Notifications


No deemed dividend U/s. 2(22)(e) on trade advances in the nature of commercial transactions: CBDT

Income Tax : Section 2(22) clause (e) of the Income Tax Act, 1961 (the Act) provides that dividend includes any payment by a company, not being...

June 12, 2017 6033 Views 0 comment Print


Section 2(22)(e) addition not justified for business expenses of company 

August 18, 2022 1257 Views 1 comment Print

It is an admitted position that the alleged expenses incurred by the Assessee were business expenses of the company and therefore no personal benefit accrues to the Assessee as alleged by the authorities below. Hence, this Section 2(22)(e) of Income Tax Act, 1961 cannot be invoked by alleging that Assessee had benefitted.

Deemed dividend provision not invocable on recipient of loan not being shareholder in payer company

August 13, 2022 1887 Views 0 comment Print

Held that provision of deemed dividend u/s 2(22)(e) cannot be invoked unless the recipient of loan is a shareholder of the company. If recipient of loan is not shareholder in a company from which loan is received, such loan cannot be assessed as deemed divided.

No Addition for ‘Deemed Dividend’ if payment to person holding substantial interest not established

July 31, 2022 303 Views 0 comment Print

DCIT Vs Essel Finance VKC Forex Ltd. (ITAT Chennai) assessee has advanced sum of Rs.7.5 Crores to another entity for taking a property on lease. The same has been treated by Ld. AO as deemed dividend u/s 2(22)(e) of the Act on the ground that one of the directors of the assessee company held substantial […]

Advance for Business Transactions Cannot be Treated as Deemed Dividend

June 28, 2022 510 Views 0 comment Print

ITAT held that if the amounts advanced are for business transactions between the parties, such payment would not fall within the deeming dividend under Section 2(22)(e) of the Act.

Loan to assessee cannot be treated as deemed dividend when Assessee given personal Security as collateral for loan of Company

June 28, 2022 693 Views 0 comment Print

Explore the ITAT Visakhapatnam’s resolution in the case of Smt. Sabhapathi Padmasree vs. ITO regarding deemed dividends. Learn how collateral security provided by the assessee impacted the tax treatment of loans and advances under section 2(22)(e).

Income Tax: Section 2(22)(e) Act can be invoked in respect of shareholder

June 22, 2022 384 Views 0 comment Print

ACIT Vs Vserve Business Solution Pvt. Ltd. (ITAT Delhi) Assessing Officer has not disputed the fact that the assessee is not a share holder in Intersoft Data Labs Labs Pvt. Ltd. which provided interest free loans to the assessee only because the assessee as well as lender entity are having a common shareholder the Assessing […]

No Deemed Dividend If Loans & Advances in Normal Business benefits both Payer & Payee

June 20, 2022 672 Views 0 comment Print

ITAT held that where loans and advances are given in normal course of business and transaction in question benefits both payer and payee companies, provisions of section 2(22)(e) cannot be invoked.

Some Significant Cases Related To Deemed Dividends

May 25, 2022 5619 Views 0 comment Print

Understand the tax implications of bonus shares in deemed dividends. Explore the case of PCIT vs. Dr. Ranjan Pai and its impact on shareholders.

Deemed Dividend – Accumulated profit includes Profit up to date of payment

May 18, 2022 4668 Views 0 comment Print

Sanjay Subhashchand Gupta Vs ACIT (ITAT Mumbai) As per the provisions of section 2(22)(e), loan or advance paid by a company shall be considered as deemed dividend on fulfillment of following conditions (i) the company must be a company in which the public is not substantially interested; (ii) such a company has given advance or […]

Loan for Commercial Consideration & Business Expediency not attracts Deemed Dividend Provisions

May 1, 2022 816 Views 0 comment Print

Yogesh Mehra Vs DCIT (ITAT Mumbai) Co-ordinate Bench has given categorical finding that all these loans and advances given to different companies by other companies are in the nature of loans and advances out of commercial consideration and business expediency. The co-ordinate Bench has given detailed reasons which stated that company has purchased land in […]

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