← All Phrases

“section 2(22)(e)”

Special Rate ProvisionsSection 2(22)(e)Section 2(22)(e)751 judgments

The decision most relied on for section 2(22)(e) is CIT v. Winsome Textile Industries Ltd. (319 ITR 204), cited in 378 judgments on BharatTax.

Leading authorities on section 2(22)(e)

CIT v. Winsome Textile Industries Ltd.
319 ITR 204 · 2009 · High Court
378
citing judgments

Section 14A of the Income-tax Act, 1961, which disallows expenditure incurred in relation to exempt income, is not applicable if the assessee has not earned any exempt income in the relevant assessment year.

CIT v. Ankitech (P) Ltd.
340 ITR 14 · 2012 · High Court
202
citing judgments

Deemed dividend under section 2(22)(e) cannot be taxed in the hands of a non-shareholder. The Supreme Court confirmed this view, affirming the Delhi High Court's decision in Ankitech.

DCIT v. Core Health Care Ltd.
298 ITR 194 · 2008 · Supreme Court
165
citing judgments

Interest expenditure incurred for acquiring capital assets, even if capitalized in the books, is deductible if for the purpose of business. Section 36(1)(iii) is a self-contained code regarding such deductions.

Pradip Kumar Malhotra v. CIT
338 ITR 538 · 2011 · High Court
152
citing judgments

Section 2(22)(e) of the Income Tax Act, which addresses deemed dividends, does not apply to loans or advances provided by a company to its shareholders if these transactions occur in the normal course of business, are driven by business expediency, or are made in consideration of a benefit conferred upon the company by the shareholder. Conversely, gratuitous loans or advances given to shareholders fall within the purview of this section.

Jamshedpur Motor Accessories Stores v. CIT
72 ITR 612 · 1969 · Supreme Court
140
citing judgments

The reasonableness of an expenditure for business purposes must be assessed from the businessman's perspective, not the revenue's, and the primary motive to earn income directly is not a prerequisite for its admissibility as a deduction.

H T Media Ltd. v. PCIT
399 ITR 576 · 2017 · High Court
132
citing judgments

The Assessing Officer must first record satisfaction that the assessee’s claim regarding expenditure incurred for earning exempt income is incorrect or unreasonable before applying the provisions of Rule 8D to determine such disallowance under Section 14A(2) of the Income Tax Act.

CIT v. Creative Dyeing & Printing Pvt. Ltd.
318 ITR 476 · 2009 · High Court
119
citing judgments

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.

CIT v. Raj Kumar
318 ITR 462 · 2009 · High Court
119
citing judgments

Genuine trade advances made by a company in the ordinary course of business to a shareholder do not fall within the definition of deemed dividend under Section 2(22)(e) of the Income-tax Act.

Judgments citing section 2(22)(e)

Scott Edil Advance Research Laboratories and Education Limited, Chandigarh vs. Deputy Commissioner of Income Tax, Central Circle-1, Chandigarh

ITA 855/CHANDI/2023[2014-15]Status: DisposedITAT Chandigarh03 Mar 2025AY 2014-15
Section 127Section 132Section 153ASection 153D

आयकर अपीलीय अधिकरण, चंडीगढ़ पीठ, चंडीगढ़ IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH, ‘B’ CHANDIGARH BEFORE SHRI SANJAY GARG

Scott Edil Advance Research Laboratories and Education Limited, Chandigarh vs. Deputy Commissioner of Income Tax, Central Circle-1, Chandigarh

ITA 845/CHANDI/2023[2017-18]Status: DisposedITAT Chandigarh03 Mar 2025AY 2017-18
Section 127Section 132Section 153ASection 153DSection 2(22)(e)

show-caused the assessee as to why the said credits be not treated as income of the assessee under the deeming provisions of section 2(22)(e) of the Act. 24. In response to the queries of the ld. AO, assessee made submissions that the aforesaid loan/transactions would not fall ... 2(22)(e) as the assessee held substantial shares in SEPL (over 10%). He observed that all the ingredients of the provisions of section 2(22) (e) were present in the transactions made by the assessee with SPEL and that the deeming fiction of the said section was duly attracted

Scott Edil Advance Research Laboratories and Education Limited, Chandigarh vs. Deputy Commissioner of Income Tax, Central Circle-1, Chandigarh

ITA 844/CHANDI/2023[2013-14]Status: DisposedITAT Chandigarh03 Mar 2025AY 2013-14

Bench: Shri Sanjay Garg & Shri Krinwant Sahay

Section 127Section 132Section 153ASection 153D

show-caused the assessee as to why the said credits be not treated as income of the assessee under the deeming provisions of section 2(22)(e) of the Act. 32 24. In response to the queries of the ld. AO, assessee made submissions that the aforesaid loan/transactions would ... 2(22)(e) as the assessee held substantial shares in SEPL (over 10%). He observed that all the ingredients of the provisions of section 2(22)(e) were present in the transactions made by the assessee with SPEL and that the deeming fiction of the said section was duly attracted

Scott Edil Advance Research Laboratories and Education Limited, Chandigarh vs. Deputy Commissioner of Income Tax, Central Circle-1, Chandigarh

ITA 843/CHANDI/2023[2012-13]Status: DisposedITAT Chandigarh03 Mar 2025AY 2012-13
Section 127Section 132Section 153ASection 153D

show-caused the assessee as to why the said credits be not treated as income of the assessee under the deeming provisions of section 2(22)(e) of the Act. 24. In response to the queries of the ld. AO, assessee made submissions that the aforesaid loan/transactions would not fall ... 2(22)(e) as the assessee held substantial shares in SEPL (over 10%). He observed that all the ingredients of the provisions of section 2(22) (e) were present in the transactions made by the assessee with SPEL and that the deeming fiction of the said section was duly attracted

Scott Edil Pharmacia Ltd., Chandigarh vs. Deputy Commissioner of Income Tax, Central Circle-1, Chandigarh

ITA 834/CHANDI/2023[2018-19]Status: DisposedITAT Chandigarh03 Mar 2025AY 2018-19
Section 127Section 153D

आयकर अपीलीय अधिकरण, चण्डीगढ़ पीठ, चण्डीगढ़ IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH, ‘B’ CHANDIGARH BEFORE SHRI SANJAY GARG

Scott Edil Pharmacia Ltd., Chandigarh vs. Deputy Commissioner of Income Tax, Central Circle-1, Chandigarh

ITA 833/CHANDI/2023[2017-18]Status: DisposedITAT Chandigarh03 Mar 2025AY 2017-18
Section 127Section 132Section 153ASection 153D

show-caused the assessee as to why the said credits be not treated as income of the assessee under the deeming provisions of section 2(22)(e) of the Act. 32 24. In response to the queries of the ld. AO, assessee made submissions that the aforesaid loan/transactions would ... 2(22)(e) as the assessee held substantial shares in SEPL (over 10%). He observed that all the ingredients of the provisions of section 2(22) (e) were present in the transactions made by the assessee with SPEL and that the deeming fiction of the said section was duly attracted

Scott Edil Pharmacia Ltd., Chandigarh vs. Deputy Commissioner of Income Tax, Central Circle-1, Chandigarh

ITA 832/CHANDI/2023[2016-17]Status: DisposedITAT Chandigarh03 Mar 2025AY 2016-17
Section 127Section 153DSection 2(22)(e)

show-caused the assessee as to why the said credits be not treated as income of the assessee under the deeming provisions of section 2(22)(e) of the Act. 24. In response to the queries of the ld. AO, assessee made submissions that the aforesaid loan/transactions would not fall ... 2(22)(e) as the assessee held substantial shares in SEPL (over 10%). He observed that all the ingredients of the provisions of section 2(22) (e) were present in the transactions made by the assessee with SPEL and that the deeming fiction of the said section was duly attracted

Scott Edil Pharmacia Ltd., Chandigarh vs. Deputy Commissioner of Income Tax, Central Circle-1, Chandigarh

ITA 831/CHANDI/2023[2015-16]Status: DisposedITAT Chandigarh03 Mar 2025AY 2015-16
Section 127Section 132Section 153ASection 153DSection 2(22)(e)

show-caused the assessee as to why the said credits be not treated as income of the assessee under the deeming provisions of section 2(22)(e) of the Act. 32 24. In response to the queries of the ld. AO, assessee made submissions that the aforesaid loan/transactions would ... 2(22)(e) as the assessee held substantial shares in SEPL (over 10%). He observed that all the ingredients of the provisions of section 2(22) (e) were present in the transactions made by the assessee with SPEL and that the deeming fiction of the said section was duly attracted

Scott Edil Pharmacia Ltd., Chandigarh vs. Deputy Commissioner of Income Tax, Central Circle-1, Chandigarh

ITA 830/CHANDI/2023[2014-15]Status: DisposedITAT Chandigarh03 Mar 2025AY 2014-15
Section 127Section 132Section 153ASection 153DSection 2(22)(e)

आयकर अपीलीय अधिकरण, चडीगढ़ पीठ, चडीगढ़ IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH, ‘B’ CHANDIGARH BEFORE SHRI SANJAY GARG

Scott Edil Pharmacia Ltd., Chandigarh vs. Deputy Commissioner of Income Tax, Central Circle-1, Chandigarh

ITA 829/CHANDI/2023[2013-14]Status: DisposedITAT Chandigarh03 Mar 2025AY 2013-14

Bench: Shri Sanjay Garg & Shri Krinwant Sahayआयकर अपील सं./Ita No. 579/Chd /2023 निर्धारण वर्ष / Assessment Year : 2017-18 & आयकर अपील सं./Ita Nos.582 To 584/Chd/ 2023 निर्धारण वर्ष / Assessment Years : 2014-15 To 2016-17 & आयकर अपील सं./Ita No. 591/Chd /2023 निर्धारण वर्ष / Assessment Year : 2018-19

Section 127Section 132Section 153ASection 153D

show-caused the assessee as to why the said credits be not treated as income of the assessee under the deeming provisions of section 2(22)(e) of the Act. 33 24. In response to the queries of the ld. AO, assessee made submissions that the aforesaid loan/transactions would ... 2(22)(e) as the assessee held substantial shares in SEPL (over 10%). He observed that all the ingredients of the provisions of section 2(22) (e) were present in the transactions made by the assessee with SPEL and that the deeming fiction of the said section was duly attracted

Shri Balram Krishan, Chandigarh vs. Deputy Commissioner of Income Tax, Central Circle-1, Chandigarh

ITA 732/CHANDI/2023[2018-19]Status: DisposedITAT Chandigarh03 Mar 2025AY 2018-19
Section 127Section 132Section 153ASection 153D

show-caused the assessee as to why the said credits be not treated as income of the assessee under the deeming provisions of section 2(22)(e) of the Act. ... ... ... ... 32 24. In response to the queries of the ld. AO, assessee made submissions that the aforesaid loan/transactions would ... 2(22)(e) as the assessee held substantial shares in SEPL (over 10%). He observed that all the ingredients of the provisions of section 2(22) (e) were present in the transactions made by the assessee with SPEL and that the deeming fiction of the said section was duly attracted

Shri Balram Krishan, Chandigarh vs. Deputy Commissioner of Income Tax, Central Circle-1, Chandigarh

ITA 731/CHANDI/2023[2017-18]Status: DisposedITAT Chandigarh03 Mar 2025AY 2017-18
Section 127Section 132Section 153ASection 153DSection 2(22)

show-caused the assessee as to why the said credits be not treated as income of the assessee under the deeming provisions of section 2(22)(e) of the Act. 24. In response to the queries of the ld. AO, assessee made submissions that the aforesaid loan/transactions would not fall ... 2(22)(e) as the assessee held substantial shares in SEPL (over 10%). He observed that all the ingredients of the provisions of section 2(22) (e) were present in the transactions made by the assessee with SPEL and that the deeming fiction of the said section was duly attracted

Shri Balram Krishan, Chandigarh vs. Deputy Commissioner of Income Tax, Central Circle-1, Chandigarh

ITA 730/CHANDI/2023[2016-17]Status: DisposedITAT Chandigarh03 Mar 2025AY 2016-17
Section 127Section 132Section 153ASection 153DSection 2

show-caused the assessee as to why the said credits be not treated as income of the assessee under the deeming provisions of section 2(22)(e) of the Act. 32 24. In response to the queries of the ld. AO, assessee made submissions that the aforesaid loan/transactions would ... 2(22)(e) as the assessee held substantial shares in SEPL (over 10%). He observed that all the ingredients of the provisions of section 2(22) (e) were present in the transactions made by the assessee with SPEL and that the deeming fiction of the said section was duly attracted

Shri Balram Krishan, Chandigarh vs. Deputy Commissioner of Income Tax, Central Circle-1, Chandigarh

ITA 729/CHANDI/2023[2015-16]Status: DisposedITAT Chandigarh03 Mar 2025AY 2015-16
Section 127Section 132Section 153ASection 153D

show-caused the assessee as to why the said credits be not treated as income of the assessee under the deeming provisions of section 2(22)(e) of the Act. 32 24. In response to the queries of the ld. AO, assessee made submissions that the aforesaid loan/transactions would ... 2(22)(e) as the assessee held substantial shares in SEPL (over 10%). He observed that all the ingredients of the provisions of section 2(22) (e) were present in the transactions made by the assessee with SPEL and that the deeming fiction of the said section was duly attracted

Shri Balram Krishan, Chandigarh vs. Deputy Commissioner of Income Tax, Central Circle-1, Chandigarh

ITA 728/CHANDI/2023[2014-15]Status: DisposedITAT Chandigarh03 Mar 2025AY 2014-15

Bench: Shri Sanjay Garg & Shri Krinwant Sahayआयकर अपील सं./Ita No. 579/Chd/2023 निर्धारण वर्ष / Assessment Year : 2017-18 & आयकर अपील सं./Ita Nos.582 To 584/Chd/2023 निर्धारण वर्ष / Assessment Years : 2014-15 To 2016-17 & आयकर अपील सं./Ita No. 591/Chd/2023 निर्धारण वर्ष / Assessment Year : 2018-19 Maxport India Pvt. Ltd. C/O Parikshit Aggarwal, Chartered Accountant, H. No. 3035, Sector 27D, Chandigarh- 160019. स्था.लेखा सं./Pan No: Aaicm9120E अपीलाथ/Appellant बनाम प्रथीय/Respondent Deputy Commissioner Of Income-Tax, Centre Circle-1, Chandigarh. & आयकर अपील सं./Ita Nos.482 & 483/Chd/2023 निर्धारण वर्ष / Assessment Years : 2017-18 & 2018-19 Vaishali Aggarwal C/O Parikshit Aggarwal, Chartered Accountant, H No. 3035, Sector 27D, Chandigarh- 160022. स्था.लेखा सं./Pan No: Aaqpa4025M अपीलाथ/Appellant बनाम प्रथीय/Respondent Deputy Commissioner Of Income-Tax, Centre Circle-1, Chandigarh. & आयकर अपील सं./Ita No. 846/Chd/2023

Section 127Section 132Section 153ASection 153DSection 2(22)(e)

show-caused the assessee as to why the said credits be not treated as income of the assessee under the deeming provisions of section 2(22)(e) of the Act. 33 24. In response to the queries of the ld. AO, assessee made submissions that the aforesaid loan/transactions would ... 2(22)(e) as the assessee held substantial shares in SEPL (over 10%). He observed that all the ingredients of the provisions of section 2(22) (e) were present in the transactions made by the assessee with SPEL and that the deeming fiction of the said section was duly attracted

Shri Balram Krishan, Chandigarh vs. Deputy Commissioner of Income Tax, Central Circle-1, Chandigarh

ITA 727/CHANDI/2023[2013-14]Status: DisposedITAT Chandigarh03 Mar 2025AY 2013-14
Section 127Section 132Section 153ASection 153D

show-caused the assessee as to why the said credits be not treated as income of the assessee under the deeming provisions of section 2(22)(e ... 2(22)(e) as the assessee held substantial shares in SEPL (over 10%). He observed that all the ingredients of the provisions of section 2(22) (e) were present in the transactions made by the assessee with SPEL and that the deeming fiction of the said section was duly attracted

Shri Balram Krishan, Chandigarh vs. Deputy Commissioner of Income Tax, Central Circle-1, Chandigarh

ITA 726/CHANDI/2023[2012-13]Status: DisposedITAT Chandigarh03 Mar 2025AY 2012-13
Section 153A

show-caused the assessee as to why the said credits be not treated as income of the assessee under the deeming provisions of section 2(22)(e) of the Act. 24. In response to the queries of the ld. AO, assessee made submissions that the aforesaid loan/transactions would not fall ... 2(22)(e) as the assessee held substantial shares in SEPL (over 10%). He observed that all the ingredients of the provisions of section 2(22) (e) were present in the transactions made by the assessee with SPEL and that the deeming fiction of the said section was duly attracted

Maxport India Private Limited, Chandigarh vs. Dy. Commissioner of Income Tax, Central Circle-1, Chandigarh

ITA 584/CHANDI/2023[2016-17]Status: DisposedITAT Chandigarh03 Mar 2025AY 2016-17
Section 127Section 132Section 153ASection 153DSection 2(22)(e)

आयकर अपीलीय अधिकरण, चंडीगढ पीठ, चंडीगढ IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH, ‘B’ CHANDIGARH BEFORE SHRI SANJAY GARG

Maxport India Private Limited, Chandigarh vs. Dy. Commissioner of Income Tax, Central Circle-1, Chandigarh

ITA 583/CHANDI/2023[2015-16]Status: DisposedITAT Chandigarh03 Mar 2025AY 2015-16
Section 127Section 132Section 153ASection 153DSection 2(22)(e)

show-caused the assessee as to why the said credits be not treated as income of the assessee under the deeming provisions of section 2(22)(e) of the Act. 32 24. In response to the queries of the ld. AO, assessee made submissions that the aforesaid loan/transactions would ... 2(22)(e) as the assessee held substantial shares in SEPL (over 10%). He observed that all the ingredients of the provisions of section 2(22) (e) were present in the transactions made by the assessee with SPEL and that the deeming fiction of the said section was duly attracted

Maxport India Private Limited, Chandigarh vs. Dy. Commissioner of Income Tax, Central Circle-1, Chandigarh

ITA 582/CHANDI/2023[2014-15]Status: DisposedITAT Chandigarh03 Mar 2025AY 2014-15
Section 127Section 132Section 153ASection 153D

show-caused the assessee as to why the said credits be not treated as income of the assessee under the deeming provisions of section 2(22)(e) of the Act. 32 24. In response to the queries of the ld. AO, assessee made submissions that the aforesaid loan/transactions would ... 2(22)(e) as the assessee held substantial shares in SEPL (over 10%). He observed that all the ingredients of the provisions of section 2(22) (e) were present in the transactions made by the assessee with SPEL and that the deeming fiction of the said section was duly attracted