DCIT, Circle- 62(1), New Delhi vs. Ramesh Kumar Pabbi, New Delhi
In the result, appeal of the Revenue is dismissed
ITA 6168/DEL/2017[2013-14]Status: DisposedITAT Delhi16 Mar 2021AY 2013-14
Bench: Sh. Anil Chaturvedi & Ms. Suchitra Kamble(Through Video Conferencing) Assessment Year : 2013-14 Dcit Vs. Ramesh Kumar Pabbi Circle – 62(1), A-41, Phase-Ii, New Delhi Mayapuri Industrial Area, New Delhi-110017 Pan – Aanpp 5995 Q (Appellant) (Respondent) Assessee By Shri Sohail Malik, Sr.D.R. Revenue By Shri Lalit Mohan, Adv. Date Of Hearing: 16/03/2021 Date Of Pronouncement: 16/03/2021 Order Per Anil Chaturvedi, Am:
Section 143(3)Section 194JSection 2(22)(e)Section 40
ordinary course of its business where the lending of money is a substantial part of the business of the company [Section 2(22)(e)(ii)[ i.e. there is no deemed dividend only if the lending of moneys is by a company which is engaged in the business of money lending ... into the business of lending of money, the payments made by it to the assessee company would therefore be covered by Section 2(22)(e)(ii) and consequently payments even for business transactions would be a deemed dividend. We do not agree. The Tribunal has dealt with this aspect