Dr. L.S. Ravi Prakash, Bangalore vs. Deputy Commissioner of Income Tax, Circle-5(1), Bangalore
In the result, the appeal of the assessee is partly allowed
ITA 30/BANG/2021[2011-12]Status: DisposedITAT Bangalore28 Oct 2022AY 2011-12
Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2011-12
For Appellant: Shri G. Sathyanarayana, A.RFor Respondent: Shri Praveen Karanth, D.R
Section 78
…profits liable to tax as income under the Act. (c) Hence the assessee is wrong in contending that the deemed dividend, which was not assessed earlier, is required to be deducted from the accumulated profits. In the case of CIT Vs. G.Narasimhan (Decd) (1979)(118 ITR 60), it was held that the loans advanced in earlier years and deemed to be dividend u/s 2(22)(e) have to be deducted. (d) As per clause (iii) of sec. 2(22)(e), the dividend does not include the amount paid by the company as dividend and which was set off by the company against the amount previously paid by it and which was treated as dividend u/s 2(…