CIT v. Creative Dyeing & Printing Pvt. Ltd.

318 ITR 476High Court2009#887 most cited

What is CIT v. Creative Dyeing & Printing Pvt. Ltd. authority for?

Genuine trade advances or amounts advanced for bona fide business transactions, driven by commercial expediency, do not fall within the definition of deemed dividend under section 2(22)(e) of the Income-tax Act.

119

judgments rely on this decision, according to BharatTax’s citation analysis of 367,518 Indian tax judgments — from 2012 to 2026.

Also referred to as

Creative Dyeing & Printing Pvt. Ltd. · Section 2(22)(e) · deemed dividend · trade advances · commercial expediency · business transactions · definition of dividend · inter-company advances · Section 115-O · Section 115Q

Issues it is cited on

Judgments citing CIT v. Creative Dyeing & Printing Pvt. Ltd.

Shri Anuj Gupta, Noida vs. ITO, New Delhi

In the result, the appeals filed by the respective assessee are partly allowed

ITA 698/DEL/2015[2006-07]Status: DisposedITAT Delhi26 Jul 2016AY 2006-07

Bench: Shri R.K. Pandaassessment Year: 2006-07 Anuj Gupta, Vs. Ito, B-106, Sector-2, Ward-19(3), Noida. New Delhi. Pan: Aajpg2385D Assessment Year: 2006-07 Pankaj Gupta, Vs. Ito, B-106, Sector-2, Ward-19(3), Noida. New Delhi. Pan: Aadpg5224D (Appellant) (Respondent) Assessee By : Shri Sudhir Dash, Ca Revenue By : Shri R.K. Gupta, Sr. Dr Date Of Hearing : 16.06.2021 Date Of Pronouncement : 07.07.2021 Order The Above Two Appeals Filed By The Respective Assessees Are Directed Against The Separate Orders Dated 23.12.2014 Of The Cit(A)-7, New Delhi Relating To Assessment Year 2006-07. Since Identical Grounds Have Been Taken By Both The Assessees, Therefore, These Were Heard Together & Are Being Disposed Of By This Common Order.

For Appellant: Shri Sudhir Dash, CAFor Respondent: Shri R.K. Gupta, Sr. DR
Section 143Section 143(1)Section 143(3)Section 147Section 148Section 2Section 2(22)(e)Section 234B

…2(22)(e) of the Act are not applicable. Referring to the following decisions, the ld. Counsel submitted that the ld.CIT(A) is not justified in sustaining the addition made by the AO u/s 2(22)(e) of the Act:- i) CIT vs. Creative Dyeing and Printing Pvt. Ltd., 318 ITR 476 (Del); ii) Pradip Kumar Malhotra vs. CIT, ITA No.219 of 2003 (Kolkata High Court); iii) CIT vs. Hindustan Petroleum Corporation Ltd., 187 ITR 1 (Bom) and iv) CIT vs. C.P. Sarathy Mudaliar, 83 ITR 170 (SC) 10. The ld. DR, on the other hand, heavily relied on the order of the CIT(A). 11. I have considered the rival arguments made by both the side…

Vivek I Gupta, Mumbai vs. ITO 12(2)2, Mumbai

In the result, the appeal filed by the assessee is allowed

ITA 3598/MUM/2013[2009-10]Status: DisposedITAT Mumbai09 Dec 2015AY 2009-10

Bench: Shri N.K. Billaiya & Shri Pawan Singhआयकर अपील सं/ I.T.A. No.3598/Mum/2013 ("नधा"रण वष" / Assessment Year:2009-10 बनाम/ Shri Vivek I Gupta, The Ito-12(2)(2), D/21, Dhanraj Mahal, Aayakar Bhavan, Vs. Csm Marg, Colaba, Mumbai-400 020 Mumbai-400 039 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaepg 1004E (अपीलाथ" /Appellant) (""यथ" / Respondent) .. अपीलाथ" ओर से/ Appellant By: Shri Vijay Mehta ""यथ" क" ओर से/Respondent By: Shri Pawan Kumar Beerla सुनवाई क" तार"ख / Date Of Hearing :01.12.2015 घोषणा क" तार"ख /Date Of Pronouncement :09.12.2015

For Appellant: Shri Vijay MehtaFor Respondent: Shri Pawan Kumar
Section 2(22)(e)

…ITR 462 wherein it was held that the trade advances given to the assessee by the company could not be treated as deemed dividend u/s. 2(22)(e) of the Act. Once again, the Hon’ble High Court of Bombay in the case of CIT Vs Creative Dyeing & Printing Pvt. Ltd. 318 ITR 476 has reiterated what has been held in the case of Ambassador Travels Pvt. Ltd. and Raj Kumar (supra). In this case also, the Hon’ble High Court dismissed the appeal of the Revenue holding that the amount advanced for business transaction between the assessee company and its sister concern did not fall within the definition of deemed dividend u/s.…

ACIT, New Delhi vs. Sh. Ashok Kumar Garg, New Delhi

In the result, the appeal filed by the Revenue is dismissed

ITA 2917/DEL/2013[2009-10]Status: DisposedITAT Delhi23 Sept 2015AY 2009-10

Bench: Shri Inturi Rama Rao & Smt. Beena A. Pillaiassessment Year: 2009-10 Assistant Commissioner Of Vs. Sh. Ashok Kumar Garg, Income Tax, Circle-1(1), N-3, Kailash Colony, New Delhi New Delhi (Pan: Aagpg8032N) (Appellant) (Respondent) Appellant By : Sh. K.K. Jaiswal, Dr Respondent By : Sh. Ved Jain, Adv. Date Of Hearing: 09.09.2015 Date Of Pronouncement: 23.09.2015 Order Per Inturi Rama Rao, A.M.: This Is An Appeal Filed By The Revenue Directed Against The Order Of Cit(A)-Iv, New Delhi, Dated 27.02.2013, Passed For The Assessment Year 2009- 10. The Assessee Has Raised The Following Grounds Of Appeal: I. Whether The Learned Cit(A) Has Erred On Facts & In Law In Deleting The Addition Of Rs. 53,29,843/- On Account Of Deemed Dividend U/S 2(22)(E) Ignoring The Fact That The Advances Had Not Been Made In The Ordinary Course Of Business Expediency & The Assessee Had Been Regularly Repaying The Amount Received From The Company. Ii. The Appellant Craves Leave For Reserving The Right To Amend, Modify, Alter, Add Or Forego Any Ground(S) Of Appeal At Any Time Before Or During The Hearing Of This Appeal. 2. Brief Facts Of The Case Are That The Respondent Assessee Is An Individual Deriving Income From Salary From The Company, Namely, M/S A.K.G. Industries

For Appellant: Sh. K.K. Jaiswal, DRFor Respondent: Sh. Ved Jain, Adv
Section 143(3)Section 2(22)(e)

…spect of the debit balance arising in the account of the employee. My above view also gets support from the judgment of the jurisdictional Delhi High Court in the case of CIT Vs. Raj Kumar, 318 ITR 462 (Del) and CIT Vs. Creative Dyeing and Printing Pvt. Ltd., 318 ITR 476 (Del.) whereby the Delhi High Court has held that the amount received by the assessee as an advance against future supply was a trade advance and not a deemed dividend under Section 2(22)(e) of the Income Tax Act. Accordingly, I hold that the amount received by the appellant is advance against future salaries was in the normal course of business…