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“closely held company”

Losses & Set-offSection 79Section 79300 judgments

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

Leading authorities on closely held company

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. 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.

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.

(Refer: CIT v. C.P.Sarathy Mudaliar
83 ITR 170 · 1972 · Supreme Court
63
citing judgments

For the purpose of deemed dividend under section 2(22)(e) of the Income-tax Act, the term 'shareholder' refers exclusively to a registered shareholder of the company, and not a beneficial owner or non-shareholder.

CIT v. Madhur Housing and Development Company
401 ITR 152 · 2018 · Supreme Court
49
citing judgments

A loan or advance from a closely held company to a 'concern' where a common shareholder has a substantial interest is not a deemed dividend under Section 2(22)(e) for the 'concern' if it is not a shareholder of the lending company. Deemed dividend under Section 2(22)(e) is taxable only in the hands of the registered or beneficial shareholder.

CIT v. Mukundray K. Shah, Citation No.
160 Taxmann 276 · 2007 · Supreme Court
39
citing judgments

Section 2(22)(e) of the Income Tax Act, 1961, aims to prevent tax evasion by treating certain payments made by closely held companies to shareholders or their concerns as dividends.

PCIT v. BST Infratech Ltd.
161 Taxmann.com 668 · 2024 · High Court
32
citing judgments

When shares are issued at a premium, the genuineness of the transaction is paramount, not necessarily the source of the investor's funds. The court emphasizes verifying the transaction's authenticity, even if investor identity is established.

Judgments citing closely held company

DCIT, CC, Ghaziabad vs. Gajendra Singh, Ghaziabad

In the result, appeals filed by the assessee are allowed as indicated

ITA 1498/DEL/2021[2014-15]Status: DisposedITAT Delhi26 Dec 2023AY 2014-15

Bench: Shri Shamim Yahya & Shri Challa Nagendra Prasad

For Appellant: Shri Rakesh Gupta, AdvocateFor Respondent: Shri Waseem Arshad, CIT DR
Section 143(3)Section 254

Finance Act, 1955 with effect from April 1, 1955. These two sections provided that any payment made by a closely held company to its shareholders by way of advance or loan to the extent to which the company possesses accumulated profits shall be treated as dividend taxable under

Bently Nevada Llc, United States vs. Dcitcircle1(1)(2)International Taxation, New Delhi

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

ITA 3384/DEL/2023[2021-22]Status: DisposedITAT Delhi22 Dec 2023AY 2021-22

Bench: Shri Shamim Yahya & Ms. Astha Chandrastay Application No.436/Del/2023 (In Ita No.3384/Del/2023) (Assessment Year: 2021-22) & Bently Nevada Llc, Vs. Dcit, Circle 1(1), C/O 6Th Floor, Building No.71, International Taxation, Standard Chartered Building, New Delhi. Dlf Cyber City Phase Iii, Gurgaon – 122 002 (Haryana).

For Appellant: Shri Sachit Jolly, AdvocateFor Respondent: Shri Vijay B. Vasanta, CIT DR
Section 119Section 131Section 133

Finance Act, 1955 with effect from April 1, 1955. These two sections provided that any payment made by a closely held company to its shareholders by way of advance or loan to the extent to which the company possesses accumulated profits shall be treated as dividend taxable under

Idana Pet Industries P. Ltd., Udaipur vs. ACIT, Circle-1, Udaipur

In the result, the appeal of the assessee bearing ITA No

ITA 330/JODH/2023[2015-16]Status: DisposedITAT Jodhpur19 Dec 2023AY 2015-16

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 143(3)Section 250oSection 40A(2)(b)Section 56Section 56(2)(viib)

made cut the case that the appellant has issued shares on high premium value despite incurring book loss . The appellant company is a closely held company and the shares are mostly issued to the Directors and the son of the Director. Hence, the Assessing Officer came to the conclusion that

Idana Pet Industries P. Ltd., Udaipur vs. ITO, Ward-2(1), Udaipur

In the result, the appeal of the assessee bearing ITA No

ITA 329/JODH/2023[2014-15]Status: DisposedITAT Jodhpur19 Dec 2023AY 2014-15

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 143(3)Section 250oSection 40A(2)(b)Section 56Section 56(2)(viib)

made cut the case that the appellant has issued shares on high premium value despite incurring book loss . The appellant company is a closely held company and the shares are mostly issued to the Directors and the son of the Director. Hence, the Assessing Officer came to the conclusion that

DCIT Central Cicle-14, New Delhi vs. Rama Allied Products Marketing Pvt. Ltd., New Delhi

In the result, appeal of the Revenue for the AY 2017-18 is dismissed and CO of the Assessee for the AY 2017-18 is allowed

ITA 1680/DEL/2023[2017-18]Status: DisposedITAT Delhi19 Dec 2023AY 2017-18

Bench: Shri M. Balaganesh & Ms. Astha Chandraasstt. Year: 2017-18

For Appellant: Dr. Rakesh Gupta, AdvocateFor Respondent: Ms. Harpreet Kaur, Sr. DR
Section 143(3)

Finance Act, 1955 with effect from April 1, 1955. These two sections provided that any payment made by a closely held company to its shareholders by way of advance or loan to the extent to which the company possesses accumulated profits shall be treated as dividend taxable under

Jayem Realty Management Pvt Ltd, Mumbai vs. Principle Comm. of Income Tax-1, Mumbai

ITA 2216/MUM/2023[2010-2011]Status: DisposedITAT Mumbai13 Dec 2023AY 2010-2011

Bench: Shri Amit Shukla, Hon'Ble & Shri S. Rifaur Rahman, Hon'Blejayam Realty Management Pvt Ltd., V. Pr.Cit Recondo Compound Room No. 330, 3Rd Floor Inside Municipal Asphalt Compound Aayakar Bhavan, M.K. Road S.K. Ahire Marg, Worli Mumbai - 400020 Mumbai - 400030 Pan: Aaccj0004G (Appellant) (Respondent) Assessee Represented By : Shri Vimal Punamiya & Shri Himanshu Gandhi Department Represented By : Shri Ankush Kapoor

Section 143Section 143(3)Section 263Section 68

section applies in the year when amount gets credited. The assessee further submits that; …. To tax the share capital/ premium received by the closely held company was introduced from AY 2013-14 with prospective effect. Page No. 4 Jayam Realty Management Pvt Ltd., Hence, the alleged propose application of section

Sad Bhawna, Delhi vs. ACIT, Central Circle-6, New Delhi

In the result, the six quantum appeals and six penalty appeals of the assessee for AYs 2007-08, 2008-09, 2009-10, 2010-11, 2012-13, 2013-14 are allowed

ITA 2956/DEL/2022[2013-14]Status: DisposedITAT Delhi12 Dec 2023AY 2013-14

Bench: Shri M. Balaganesh & Ms. Astha Chandra

For Appellant: Dr. Rakesh Gupta, AdvocateFor Respondent: Shri H.K. Choudhary, CIT-DR
Section 254

Finance Act, 1955 with effect from April 1, 1955. These two sections provided that any payment made by a closely held company to its shareholders by way of advance or loan to the extent to which the company possesses accumulated profits shall be treated as dividend taxable under

Sad Bhawna, Delhi vs. ACIT, Central Circle-6, New Delhi

In the result, the six quantum appeals and six penalty appeals of the assessee for AYs 2007-08, 2008-09, 2009-10, 2010-11, 2012-13, 2013-14 are allowed

ITA 2955/DEL/2022[2012-13]Status: DisposedITAT Delhi12 Dec 2023AY 2012-13

Bench: Shri M. Balaganesh & Ms. Astha Chandra

For Appellant: Dr. Rakesh Gupta, AdvocateFor Respondent: Shri H.K. Choudhary, CIT-DR
Section 254

Finance Act, 1955 with effect from April 1, 1955. These two sections provided that any payment made by a closely held company to its shareholders by way of advance or loan to the extent to which the company possesses accumulated profits shall be treated as dividend taxable under

Sad Bhawna, Delhi vs. ACIT, Central Circle-6, New Delhi

In the result, the six quantum appeals and six penalty appeals of the assessee for AYs 2007-08, 2008-09, 2009-10, 2010-11, 2012-13, 2013-14 are allowed

ITA 2954/DEL/2022[2010-11]Status: DisposedITAT Delhi12 Dec 2023AY 2010-11

Bench: Shri M. Balaganesh & Ms. Astha Chandra

For Appellant: Dr. Rakesh Gupta, AdvocateFor Respondent: Shri H.K. Choudhary, CIT-DR
Section 254

Finance Act, 1955 with effect from April 1, 1955. These two sections provided that any payment made by a closely held company to its shareholders by way of advance or loan to the extent to which the company possesses accumulated profits shall be treated as dividend taxable under

Sad Bhawna, Delhi vs. ACIT, Central Circle-6, New Delhi

In the result, the six quantum appeals and six penalty appeals of the assessee for AYs 2007-08, 2008-09, 2009-10, 2010-11, 2012-13, 2013-14 are allowed

ITA 2953/DEL/2022[2009-10]Status: DisposedITAT Delhi12 Dec 2023AY 2009-10

Bench: Shri M. Balaganesh & Ms. Astha Chandra

For Appellant: Dr. Rakesh Gupta, AdvocateFor Respondent: Shri H.K. Choudhary, CIT-DR
Section 254

Finance Act, 1955 with effect from April 1, 1955. These two sections provided that any payment made by a closely held company to its shareholders by way of advance or loan to the extent to which the company possesses accumulated profits shall be treated as dividend taxable under

Sad Bhawna, Delhi vs. ACIT, Central Circle-6, New Delhi

In the result, the six quantum appeals and six penalty appeals of the assessee for AYs 2007-08, 2008-09, 2009-10, 2010-11, 2012-13, 2013-14 are allowed

ITA 2952/DEL/2022[2008-09]Status: DisposedITAT Delhi12 Dec 2023AY 2008-09

Bench: Shri M. Balaganesh & Ms. Astha Chandra

For Appellant: Dr. Rakesh Gupta, AdvocateFor Respondent: Shri H.K. Choudhary, CIT-DR
Section 254

Finance Act, 1955 with effect from April 1, 1955. These two sections provided that any payment made by a closely held company to its shareholders by way of advance or loan to the extent to which the company possesses accumulated profits shall be treated as dividend taxable under

Sad Bhawna, Delhi vs. ACIT, Central Circle-6, New Delhi

In the result, the six quantum appeals and six penalty appeals of the assessee for AYs 2007-08, 2008-09, 2009-10, 2010-11, 2012-13, 2013-14 are allowed

ITA 2951/DEL/2022[2007-08]Status: DisposedITAT Delhi12 Dec 2023AY 2007-08

Bench: Shri M. Balaganesh & Ms. Astha Chandra

For Appellant: Dr. Rakesh Gupta, AdvocateFor Respondent: Shri H.K. Choudhary, CIT-DR
Section 254

Finance Act, 1955 with effect from April 1, 1955. These two sections provided that any payment made by a closely held company to its shareholders by way of advance or loan to the extent to which the company possesses accumulated profits shall be treated as dividend taxable under

Sad Bhawna, Delhi vs. DCIT, Central Circle-6, New Delhi

In the result, the six quantum appeals and six penalty appeals of the assessee for AYs 2007-08, 2008-09, 2009-10, 2010-11, 2012-13, 2013-14 are allowed

ITA 2950/DEL/2022[2013-14]Status: DisposedITAT Delhi12 Dec 2023AY 2013-14

Bench: Shri M. Balaganesh & Ms. Astha Chandra

For Appellant: Dr. Rakesh Gupta, AdvocateFor Respondent: Shri H.K. Choudhary, CIT-DR
Section 254

Finance Act, 1955 with effect from April 1, 1955. These two sections provided that any payment made by a closely held company to its shareholders by way of advance or loan to the extent to which the company possesses accumulated profits shall be treated as dividend taxable under

Sad Bhawna, Delhi vs. DCIT, Central Circle-6, New Delhi

In the result, the six quantum appeals and six penalty appeals of the assessee for AYs 2007-08, 2008-09, 2009-10, 2010-11, 2012-13, 2013-14 are allowed

ITA 2949/DEL/2022[2012-13]Status: DisposedITAT Delhi12 Dec 2023AY 2012-13

Bench: Shri M. Balaganesh & Ms. Astha Chandra

For Appellant: Dr. Rakesh Gupta, AdvocateFor Respondent: Shri H.K. Choudhary, CIT-DR
Section 254

Finance Act, 1955 with effect from April 1, 1955. These two sections provided that any payment made by a closely held company to its shareholders by way of advance or loan to the extent to which the company possesses accumulated profits shall be treated as dividend taxable under

Sad Bhawna, Delhi vs. DCIT, Central Circle-6, New Delhi

In the result, the six quantum appeals and six penalty appeals of the assessee for AYs 2007-08, 2008-09, 2009-10, 2010-11, 2012-13, 2013-14 are allowed

ITA 2948/DEL/2022[2010-11]Status: DisposedITAT Delhi12 Dec 2023AY 2010-11

Bench: Shri M. Balaganesh & Ms. Astha Chandra

For Appellant: Dr. Rakesh Gupta, AdvocateFor Respondent: Shri H.K. Choudhary, CIT-DR
Section 254

Finance Act, 1955 with effect from April 1, 1955. These two sections provided that any payment made by a closely held company to its shareholders by way of advance or loan to the extent to which the company possesses accumulated profits shall be treated as dividend taxable under

Sad Bhawna, Delhi vs. DCIT, Central Circle-6, New Delhi

In the result, the six quantum appeals and six penalty appeals of the assessee for AYs 2007-08, 2008-09, 2009-10, 2010-11, 2012-13, 2013-14 are allowed

ITA 2947/DEL/2022[2009-10]Status: DisposedITAT Delhi12 Dec 2023AY 2009-10

Bench: Shri M. Balaganesh & Ms. Astha Chandra

For Appellant: Dr. Rakesh Gupta, AdvocateFor Respondent: Shri H.K. Choudhary, CIT-DR
Section 254

Finance Act, 1955 with effect from April 1, 1955. These two sections provided that any payment made by a closely held company to its shareholders by way of advance or loan to the extent to which the company possesses accumulated profits shall be treated as dividend taxable under

Sad Bhawna, Delhi vs. DCIT, Central Circle-6, New Delhi

In the result, the six quantum appeals and six penalty appeals of the assessee for AYs 2007-08, 2008-09, 2009-10, 2010-11, 2012-13, 2013-14 are allowed

ITA 2946/DEL/2022[2008-09]Status: DisposedITAT Delhi12 Dec 2023AY 2008-09

Bench: Shri M. Balaganesh & Ms. Astha Chandra

For Appellant: Dr. Rakesh Gupta, AdvocateFor Respondent: Shri H.K. Choudhary, CIT-DR
Section 254

Finance Act, 1955 with effect from April 1, 1955. These two sections provided that any payment made by a closely held company to its shareholders by way of advance or loan to the extent to which the company possesses accumulated profits shall be treated as dividend taxable under

Sad Bhawna, Delhi vs. DCIT, Central Circle-6, New Delhi

In the result, the six quantum appeals and six penalty appeals of the assessee for AYs 2007-08, 2008-09, 2009-10, 2010-11, 2012-13, 2013-14 are allowed

ITA 2945/DEL/2022[2007-08]Status: DisposedITAT Delhi12 Dec 2023AY 2007-08

Bench: Shri M. Balaganesh & Ms. Astha Chandra

For Appellant: Dr. Rakesh Gupta, AdvocateFor Respondent: Shri H.K. Choudhary, CIT-DR
Section 254

Finance Act, 1955 with effect from April 1, 1955. These two sections provided that any payment made by a closely held company to its shareholders by way of advance or loan to the extent to which the company possesses accumulated profits shall be treated as dividend taxable under

Luxottica India Eyewear Private Ltd., Haryana vs. Circle 13(1), Delhi

ITA 793/DEL/2022[2017-18]Status: DisposedITAT Delhi07 Dec 2023AY 2017-18

Bench: Sh. Shamim Yahya & Sh. Anubhav Sharmaita No. 793/Del/2022, A.Y. 2017-18 Luxottica India Eyewear Pvt. Vs. Dcit Ltd. Circle 13(1), 7Th Floor, Dlf Cyber City, Delhi Gurgaon, Haryana-122002 Pan : Aabcl3871C (Appellant) (Respondent)

For Appellant: Shri Nageswar Rao &For Respondent: Sh. Manvendra Goyal, CIT(DR)
Section 143(3)Section 144BSection 144CSection 92C

brief the assessee company was incorporated on 15.09.2007 and engaged in the business of trading of frames and sunglasses. The assessee company is closely held company with the majority of the shares held by Luxottica BV, Netherlands. The return of assessee was selected for scrutiny through CASS. 2.1 During

Dragon Foods Pvt Ltd., New Delhi vs. ACIT Central Circle-14, New Delhi

In the result, all the appeals are allowed

ITA 234/DEL/2023[2017-18]Status: DisposedITAT Delhi05 Dec 2023AY 2017-18

Bench: Sh. N. K. Billaiya & Ms. Astha Chandra

Section 119Section 153CSection 153D

Finance Act, 1955 with effect from April 1, 1955. These two sections provided that any payment made by a closely held company to its shareholders by way of advance or loan to the extent to which the company possesses accumulated profits shall be treated as dividend taxable under