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“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)

ITO 30 (1) (1), Mumbai vs. M/S. Blossom Developers, Mumbai

In the result, the both appeals filed by the assessee and revenue are dismissed

ITA 62/MUM/2022[2013-14]Status: DisposedITAT Mumbai24 Nov 2022AY 2013-14

Bench: Shri Prashant Maharishi & Shri Pavan Kumar Gadaleito 30(1)(1) Vs. M/S Blossom Room No. 436, 4Th Floor Developers Kautilya Bhavan, Bkc Survey No. 273, Village G Block, Bandra(East) Dindoshi, Pathanwadi Mumbai – 400051. Malad (E), Mumbai – 400097. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aahfb6147Q Appellant .. Respondent M/S Blossom Vs. Ito 30(1)(1) Developers Room No. 436, 4Th Survey No. 273, Village Floor Dindoshi, Pathanwadi Kautilya Bhavan, Bkc Malad (E), G Block, Bandra Mumbai – 400097. Mumbai – 400 051. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aahfb6147Q Appellant .. Respondent

For Appellant: Shri Shyam C. Agrawal, CAFor Respondent: Shri Chetan M. Kacha, SR. AR
Section 143(1)Section 143(2)Section 143(3)Section 2(22)(e)Section 40A(2)(a)Section 40A(2)(b)

regards addition of Rs. 280,000/- made u/s 2(22)(e), the AO has listed out whether all the requirements of section 2(22) (e) have been met or not. The Appellant has claimed thatit is not a shareholder in the M/s.Blossom Project Investment Pvt Ltd and hence no addition ... 2(220(e) of the Act cannot be applied/invoked where the assessee is not a shareholder of the leading company. The objective of Section 2(22)(e) of the Act is only to ensure that the Company in which the public are not substantially interested would not distribute its prosperity

ACIT Central Cir. 6(4), Mumbai vs. Shri Ajay Virendra Arora, Mumbai

In the result, the appeal filed by the revenue stands dismissed

ITA 2149/MUM/2021[2017-18]Status: DisposedITAT Mumbai22 Nov 2022AY 2017-18

Bench: Shri Amit Shukla, Jm & Shri S. Rifaur Rahman, Am आयकरअपीलसं./ I.T.A. No. 2149/Mum/2021 (निर्धारणवर्ा / Assessment Year: 2017-18) Shri Ajay Virendra Acit-Cen.Circle – 6(4), Arora, R. No. 1925, 19Th Floor, Air 6Th Floor, S14, Solitaire India Building, Nariman बिधम/ Corporate Park, Guru Point, Mumbai-400 021 Vs. Hargovindji Marg, Chakala, Andheri(East), Mumbai-400 093 स्थायीलेखासं./जीआइआरसं./ Pan No. Addpa6742R (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant By : Shri Salil Mishra, Ld. Dr प्रत्यथीकीओरसे/Respondent By : Shri Jitendra Jain/ Shri Ravikant Pathak, Ld. Ars सुनवाईकीतारीख/ : 03.10.2022 Date Of Hearing घोषणाकीतारीख / : 22.11.2022 Date Of Pronouncement आदेश / O R D E R Per Amit Shukla: The Aforesaid Appeal Has Been Filed By The Revenue Against The Impugned Order Dated 25.08.2021, Passed By Ld. Cit(A)-54, Mumbai For The Quantum Of Assessment Passed U/S 153A R.W.S.

For Appellant: Shri Salil Mishra, Ld. DRFor Respondent: Shri Jitendra Jain/ Shri
Section 153ASection 19Section 2Section 2(22)(e)

which is nothing but 'loans and advances', hence the same ought to be treated as 'deemed dividend' as per the provisions of Section 2(22)(e) of the Income tax Act, 1963." 2. "On the facts and in the circumstances of the case and in law, the learned ... since there are regular transaction in the current or running account and not in the nature of advance loan within the meaning of section 2(22)(e). Assessee has also relied upon various decisions. Ld. AO after referring to the provision of section 2(22)(e