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Section 2(22)(e)

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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 1137 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 1731 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 27846 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 5025 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 3750 Views 0 comment Print


Latest Judiciary


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 1782 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 309 Views 0 comment Print

Deemed dividend u/s 2(22)(e) assessable in hands of beneficial shareholder having substantial interest: ITAT Kolkata

Income Tax : Apeejay Surrendra Management Services Pvt Ltd Vs DCIT (ITAT Kolkata) ITAT Kolkata held that deemed dividend under section 2(22)(e)...

March 19, 2024 195 Views 0 comment Print

Business Transactions Shouldn’t be treated as Deemed Dividend: ITAT Delhi

Income Tax : In ACIT Vs Adiish Jain, ITAT Delhi ruled on deemed dividend under IT Act, deleting the addition. Detailed analysis of the case & j...

March 18, 2024 306 Views 0 comment Print

Legal fiction for deemed dividend should not be extended to broaden concept of shareholders

Income Tax : Legal fiction created u/s. 2 (22)(e) enlarges definition of dividend only and legal fiction is not to be extended further for broa...

January 31, 2024 1950 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 5784 Views 0 comment Print


Advance for Business Transactions Cannot be Treated as Deemed Dividend

June 28, 2022 489 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 654 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 363 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 618 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 5025 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 4356 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 756 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 […]

Section 194 TDS not deductible when payment is made to a non-shareholder

February 7, 2022 2460 Views 0 comment Print

DCIT Vs J. P. Iscon Ltd. (ITAT Ahmedabad) The brief facts leading to the case is this that the assessee had given inter-corporate deposit to six subsidiaries companies namely Dhanlaxmi Infrastructure Pvt. Ltd., Amit Intertrade Pvt. Ltd., Dhwani Infrastructure Pvt. Ltd., Rich Infrastructure Pvt. Ltd., Gujarat Mall Management Co. Pvt. Ltd. & Palitana Sugars Mills […]

Amount given for purchasing share holding cannot be treated as Loan for Section 2(22)(e)

January 30, 2022 933 Views 0 comment Print

ITO Vs GRA Enterprises (ITAT Delhi) Assessing Officer while framing the assessment notice observed that the assessee had received total unsecured laon expenditure of Rs. 22,21,29,723/-, during the year out of which an amount of Rs. 950,000,00/- was received from M/s Telecare Network India (P), a closely held company having its office at Zen House, […]

No deemed dividend on withdrawal by assessee as partner from partnership firm

January 24, 2022 921 Views 0 comment Print

We hold that there is no question of treating the amount withdrawn by the assessee as partner from the partnership firm namely M/s SKA Enterprises in the nature of loan and advance and treat it as deemed dividend under section 2(22)(e) of the Income Tax Act. None of the ingredients of section 2(22)(e) stand satisfied in the instant case.