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“accumulated profits”

Special Rate ProvisionsSection 2(22)Section 2(22)462 judgments

The decision most relied on for accumulated profits is CIT v. Ankitech (P) Ltd. (340 ITR 14), cited in 202 judgments on BharatTax.

Leading authorities on accumulated profits

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.

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.

CIT v. Universal Medicare Pvt. Ltd.
324 ITR 263 · 2010 · High Court
111
citing judgments

Deemed dividend under section 2(22)(e) is assessable only in the hands of the beneficial shareholder who receives the benefit of the loan or advance, and not in the hands of the company receiving the loan.

CIT v. Mukundray K. Shah
290 ITR 433 · 2007 · Supreme Court
99
citing judgments

For Section 2(22)(e) to apply, a payment by a company must be in the nature of a loan or advance, and the company must have accumulated profits. Such payments to a concern in which a shareholder, holding more than 10% voting power, has a substantial interest are deemed dividends if the shareholder ultimately benefits, even if routed through different modes or concerns.

Bagmane Constructions (P) Ltd. v. CIT & Anr.
318 ITR 376 · 2009 · High Court
81
citing judgments

The provisions of Section 2(22)(e) regarding deemed dividends do not apply to transactions between a shareholder and a company that create mutual benefits and obligations, such as trade advances in the nature of commercial transactions.

Miss P. Sarada v. CIT
229 ITR 444 · 1998 · Supreme Court
64
citing judgments

A loan or advance from a closely held company to a shareholder is a deemed dividend under Section 2(22)(e) upon receipt, unaffected by subsequent repayment or adjustment.

CIT v. Nagindas M. Kapadia
177 ITR 393 · 1989 · High Court
53
citing judgments

Trade advances arising from genuine commercial transactions are not considered deemed dividends under Section 2(22)(e) of the Income-tax Act. The provision applies only to payments in the nature of dividend, not bona fide business transactions.

PCIT v. Vaishnodevi Refoils & Solvex
89 Taxmann.com 80 · 2018 · High Court
46
citing judgments

The addition of share application money to the income of the assessee under Section 68 is not justified if the assessee has discharged the initial onus by providing complete particulars and documentary evidence of the creditor, and the Revenue has failed to prove otherwise. The Supreme Court has also dismissed the Revenue's SLP in this matter.

Judgments citing accumulated profits

Himgiri Realtors Pvt. Ltd., New Delhi vs. ITO, Ward- 11(3), New Delhi

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

ITA 7080/DEL/2018[2012-13]Status: DisposedITAT Delhi09 Jul 2025AY 2012-13

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumarhimgiri Realtors Private Limited, Vs. Ito, Ward 11 (3), Flat No.818, 8Th Floor, New Delhi. Devika Tower 6, Nehru Place, New Deli – 110 019. (Pan : Aabch6093E) (Appellant) (Respondent) Assessee By : Shri I.P. Bansal, Advocate Shri Vivek Bansal, Advocate Revenue By : Shri Dayainder Singh Sidhu, Cit Dr Date Of Hearing : 04.06.2025 Date Of Order : 09.07.2025 O R D E R Per S.Rifaur Rahman: 1. This Appeal Is Filed By The Assessee Against The Order Of Ld. Commissioner Of Income-Tax (Appeals)-35, New Delhi [Hereinafter Referred To As ‘Ld. Cit (A)] Dated 28.08.2018 For Assessment Year 2012-13 Raising Following Revised Grounds Of Appeal :- “1. That Under The Facts & Circumstances Of The Case, The Impugned Appeal Order Is Bad In Law, Illegal & In Violation Of Rudimentary Principal Of Contemporary Jurisprudence.

For Appellant: Shri I.P. Bansal, AdvocateFor Respondent: Shri Dayainder Singh Sidhu, CIT DR
Section 133(6)Section 142(1)Section 2(22)(e)Section 68

term borrowings from M/s. Shree Mahesh Realtors Pvt. Ltd. and M/s. Smart Estates Pvt. Ltd.. He observed that both the abovesaid companies having accumulated profits to the extent of Rs.67,59,953/- and Rs.4,13,08,434/- respectively. The Assessing Officer considered various case laws relied upon ... present case, Aeren R Enterprises Pvt. Ltd. is a holding company through its sister concern borrowed money from other subsidiary company which has substantial accumulated profits, therefore, in the present case, provisions of section 2(22)(e) of the Act is attracted and accordingly to the extent of accumulated profits

ITO Ward-19(2)(4), Mumbai vs. Nicaf LLP, Mumbai

In the result, the appeal filed by the revenue is dismissed and the cross objection filed by the assessee is allowed

ITA 1880/MUM/2025[2017-18]Status: DisposedITAT Mumbai18 Jun 2025AY 2017-18

Bench: Shri Vikram Singh Yadav, Am & Ms. Kavitha Rajagopal, Jm Ito, Ward-19(2)(4), Mumbai Nicaf Llp Room No. 507, 5Th Floor, Income Tax 11/12, Laxmi Mahal, Bombanji Petit Office, Piramal Chambers, Parel, Vs. Road, A. K. Marg, Kemps Corner, Mumbai – 400012. Mumbai – 400036. Pan/Gir No. Aanfn5731A (Appellant) : (Respondent) C.O. No. 86/Mum/2025; (Assessment Year: 2017-18) (Arising Out Of Ita No. 1880/Mum/2025) Nicaf Llp Ito, Ward-19(2)(4), Mumbai Room No. 507, 5Th Floor, Income 11/12, Laxmi Mahal, Bombanji Petit Road, A. K. Marg, Kemps Corner, Vs. Tax Office, Piramal Chambers, Mumbai – 400036. Parel, Mumbai – 400012. Pan/Gir No. Aanfn5731A (Appellant) : (Respondent) Assessee By : Shri Nishit Gandhi, Adv. Respondent By : Shri Leyaqat Ali Aafaqui, Sr Ar. Date Of Hearing : 16.06.2025 Date Of Pronouncement : 18.06.2025 O R D E R Per Kavitha Rajagopal, J M: This Appeal Has Been Filed By The Revenue & Cross Objection Filed By The Assessee, Challenging The Order Of The Learned Commissioner Of Income Tax (Appeals) Delhi (‘Ld. Cit(A)’ For Short), National Faceless Appeal Centre (‘Nfac’ For Short)

For Appellant: Shri Nishit Gandhi, AdvFor Respondent: Shri Leyaqat Ali Aafaqui, SR AR
Section 143(1)Section 143(2)Section 143(3)Section 250Section 47Section 68

conditions of Section 47(xiiib)(f) of the Act, where it cannot take any amount directly or indirectly to any partner, out of accumulated profit for a period of 3 years from the date of conversion. The ld. AO treated the same as unexplained credit in the hands ... documentary evidences, it is observed that there has been no direct or indirect payment made to the partners’ account from the LLP towards the accumulated profit for a period of 3 years and therefore held that Section 47(xiiib)(f) of the Act is not attracted as the transfer

Involute Engineering Pvt. Ltd., New Delhi vs. DCIT, Circle- 12(2), New Delhi

The appeals is allowed

ITA 6885/DEL/2019[2015-16]Status: DisposedITAT Delhi29 May 2025AY 2015-16

Bench: Shri S. Rifaur Rahman & Shri Anubhav Sharmaassessment Year: 2015-16 Involute Engineering Pvt. Ltd., Vs Dcit, E-30, Anand Niketan, Circle-12(2), Basement, New Delhi. New Delhi – 110 001. Pan: Aaacs2041N (Appellant) (Respondent) Assessee By : Shri Sanjay Arora, Ca; Ms Pallavi Sharma, Ca & Shri Jeetan Nagpal, Ca Revenue By : Shri Om Prakash, Sr. Dr Date Of Hearing : 01.05.2025 Date Of Pronouncement : 29.05.2025 Order Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Assessee Against The Order Dated 31.05.2019 Of The Commissioner Of Income-Tax (Appeals)-22, New Delhi (Hereinafter Referred To As The Ld. First Appellate Authority Or ‘The Ld. Faa’, For Short) In Appeal No.208/18-19/Cit(A)-22, New Delhi Arising Out Of The Appeal Before It Against The Order Dated 27.12.2017, Respectively, Passed U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) By The Dcit, Circle-12(2), New Delhi (Hereinafter Referred To As The Ld. Ao).

For Appellant: Shri Sanjay Arora, CAFor Respondent: Shri Om Prakash, Sr. DR
Section 143(3)

impugned year, the loan advanced to PHL amounted to Rs. 8,39,111. The said amount has been given out of Appellant’s accumulated profits and free reserves. Also, during the impugned year, the Appellant has taken an interest free loan from its sister concern, Sara Sae Private Limited

Assistant Commissioner of Income Tax, Central Circle 2(2), Chennai vs. Kishore Kumar Jain, Chennai

ITA 2849/CHNY/2024[2016-17]Status: DisposedITAT Chennai26 May 2025AY 2016-17

Bench: Shri S.S. Viswanethra Ravi & Shri S. R. Raghunathaआयकर अपील सं./Ita Nos.: 2847, 2848 & 2849 /Chny/2024 निर्धारण वर्ष / Assessment Years: 2012-13, 2013-14 & 2016-17 Assistant Commissioner Of Income Tax, Central Circle -2 (2), Chennai. Vs. Kishore Kumar Jain, 62, Bvk Sampath Road, Vepery, Chennai - 600 007. [Pan: Aahpj-0401-H] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/Appellant By प्रत्यर्थी की ओर से/Respondent By सुनवाई की तारीख/Date Of Hearing घोषणा की तारीख/Date Of Pronouncement Mr. Shivanand K Kalakeri, Cit Mr. B.Ramakrishnan, F.C.A. : 13.03.2025 : 26.05.2025 आदेश /Order Per S. R. Raghunatha: These Three Appeals Filed By The Revenue Are Directed Against Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), Chennai, All Dated 10.09.2024 & Pertains To Assessment Years 2012-13, 2013-14 & 2016-17. Since, Facts Are Identical & Issues Are Common, For The Sake Of Convenience, The Appeals Filed By The Revenue Are Being Heard Together & Disposed Of, By This Consolidated Order. 2. The Revenue Has Raised The Following Common Grounds Of Appeal For All The

Section 143(2)Section 143(3)Section 153ASection 2(22)(e)Section 250

existent. 2.1 The Ld. CIT(A) erred in not appreciating the fact that the said advances were made from the accumulated profit of the company as the company has offered such impugned unaccounted income in its settlement application before the Income Tax Settlement Commission (ITSC), which makes it clear that ... payment was made from the accumulated profits thereby drawing the application of section 2(22)(e) of the Act. 3. For these grounds and any other ground including amendment of grounds that may be raised during the course of the appeal proceedings, the Order of Ld. CIT (Appeals

Assistant Commissioner of Income Tax, Central Circle 2(2), Chennai vs. Kishore Kumar Jain, Chennai

ITA 2847/CHNY/2024[2012-13]Status: DisposedITAT Chennai26 May 2025AY 2012-13

Bench: Shri S.S. Viswanethra Ravi & Shri S. R. Raghunathaआयकर अपील सं./Ita Nos.: 2847, 2848 & 2849 /Chny/2024 निर्धारण वर्ष / Assessment Years: 2012-13, 2013-14 & 2016-17 Assistant Commissioner Of Income Tax, Central Circle -2 (2), Chennai. (अपीलार्थी/Appellant) अपीलार्थी की ओर से/Appellant By प्रत्यर्थी की ओर से/Respondent By सुनवाई की तारीख/Date Of Hearing घोषणा की तारीख/Date Of Pronouncement Kishore Kumar Jain, Vs.62, Bvk Sampath Road, Vepery, Chennai - 600 007. [Pan: Aahpj-0401-H] (प्रत्यर्थी/Respondent) Mr. Shivanand K Kalakeri, Cit Mr. B.Ramakrishnan, F.C.A. 13.03.2025 26.05.2025 आदेश /Order Per S. R. Raghunatha: These Three Appeals Filed By The Revenue Are Directed Against Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), Chennai, All Dated 10.09.2024 & Pertains To Assessment Years 2012-13, 2013-14 & 2016-17. Since, Facts Are Identical & Issues Are Common, For The Sake Of Convenience, The Appeals Filed By The Revenue Are Being Heard Together & Disposed Of, By This Consolidated Order. 2. The Revenue Has Raised The Following Common Grounds Of Appeal For All The

Section 143(2)Section 143(3)Section 153ASection 2(22)(e)Section 250

existent. 2.1 The Ld. CIT(A) erred in not appreciating the fact that the said advances were made from the accumulated profit of the company as the company has offered such impugned unaccounted income in its settlement application before the Income Tax Settlement Commission (ITSC), which makes it clear that ... payment was made from the accumulated profits thereby drawing the application of section 2(22)(e) of the Act. 3. For these grounds and any other ground including amendment of grounds that may be raised during the course of the appeal proceedings, the Order of Ld. CIT (Appeals

ACIT, Central Cirlce-1, Nashik vs. Avinash Knatilal Jain, Jalgaon

In the result, the appeal filed by the Revenue is allowed for statistical purposes

ITA 26/PUN/2024[2015-16]Status: DisposedITAT Pune08 May 2025AY 2015-16

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.26/Pun/2024 िनधा"रण वष" / Assessment Year : 2015-16 Acit, Central Circle-1, Vs. Avinash Kantilal Jain, Nashik. 36, Aryan Bunglow, Samta Nagar Road, Venketesh Colony- 425001. Pan : Acwpj9538Q Appellant Respondent Revenue By : Shri Ramnath P. Murkunde Assessee By Smt. Deepa Khare : Date Of Hearing : 11.02.2025 Date Of Pronouncement : 08.05.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Revenue Is Directed Against The Order Dated 04.10.2023 Passed By Ld. Cit(A), Pune-12 [‘Ld. Cit(A)’] For The Assessment Year 2015-16. 2. The Revenue Has Raised The Following Grounds Of Appeal :- “01. Whether On The Facts & In The Circumstances Of The Case, The Ld.Cit(A) Erred In Deleting The Addition Of Rs 3,27,81,102/- On Account Of Deemed Dividend U/S 2(22)(E) Of The I.T. Act By Not Considering The Contents Of The Deeming Provision. 02. Whether On The Facts & In The Circumstances Of The Case, The Ld.Cit(A) Erred In Not Appreciating The Fact That The Decision In The Case Of Pradeep Kumar Malhotra Vs. Cit(Calcutta High Court), Which Was Relied By Ld.Cit(A) Has Distinguishable Facts

For Respondent: Shri Ramnath P. Murkunde
Section 139Section 143(2)Section 2(22)Section 2(22)(e)Section 44A

dispute, the answer to the question is obvious because it is only the 9 payments and advances to the extent of accumulated profits that can be treated as loans and advances within the meaning of section 2( 22)(e) and this is what the Tribunal has clone ... such company on behalf, or for the individual benefit, of any such shareholder, to the extent to which the company in either case possesses accumulated profits. 2. The Board has observed that some Courts in the recent past have held that trade advances in the nature of commercial transactions would