PRIMA AUTOMATION (INDIA) PVT.LTD.,,AHMEDABAD vs. DY.COMMISSIONER OF INCOME TAX,TDS-CIRCLE,, AHMEDABAD

In the result, the appeal of the assessee is allowed

TDS u/s 194 of the Act as the dividend includes deemed dividend. The Ld. CIT (A) also confirmed the order

THE DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3),, AHMEDABAD vs. M/S. AMIT INTERTRADE PVT. LTD.,, AHMEDABAD

In the result appeal of the Revenue is dismissed

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedआयकर अपील सं./Ita No. 2259/Ahd/2016 With C.O.No.162/Ahd/2016 िनधा"रण वष"/Asstt. Year: 2007-2008 D.C.I.T., M/S. Amit Intertrade Pvt. Ltd., Central Circle-1(3), Vs. Iscon House, Ahmedabad. C.G. Road, Nr. Citi Bank, Navrangpura, Ahmedabad.

deemed dividend in hands of appellant company. It is also submitted that the transaction was not in the nature of advance or loan and it was simply inter corporate deposits (ICD). The appellant had provided for the interest expenses on the said ICD borrowed and have deducted the necessary TDS

THE ITO, WARD-1(1)(4),, AHMEDABAD vs. M/S. DHWANI INFRASTRUCTURE PVT. LTD.,, AHMEDABAD

In the result, both the appeal filed by revenue and cross objection filed by assessee are dismissed

deemed dividend in hands of appellant company. It is also submitted that the transaction was not in the nature of advance or loan and it was simply inter corporate deposits (ICD). The appellant had provided for the interest expenses on the said ICD borrowed and have deducted the necessary TDS

MOHAN BHAGWATPRASAD AGRAWAL,AHMEDABAD vs. DCIT, CIRCLE-4(2), AHMEDABAD

In the result, the appeal of the assessee is allowed

Bench: Shrio. P. Meena & Mrs. Madumita Roy

deemed to dividend. The reliance was also placed on the following case laws:- “a)M/s. RekhaModi vs. ITO(2007) (13SOT512) b)CIT vs. Parle Plastics ltd. (2011) 332 ITR 63(Bom.) c)CIT vs. Venkateshwara Hatcheries (237 ITR 174) d)CIT vs. Shree Balaji Glass Manufacturing (P) Ltd. High Court of Calcutta e)Ravi Agrawal vs. ACIT High Court

THE DCIT(OSD)RANGE-1,, AHMEDABAD vs. DISHMAN PHARMACEUTICALS & CHEMICALS LTD.,, AHMEDABAD

In the result, we allow appeal of the assessee and delete penalty confirmed by the ld

Bench: Shri Rajpal Yadav & Shri Amarjit Singh

deemed dividend and the said company was treated as assessee in default for not deducting TDS in assessment year 2004-05 and 2005-06. In both

DISHMAN PHARMACEUTICALS & CHEMICALS LIMITED,,AHMEDABAD vs. THE ACIT, (OSD),RANGE-1,, AHMEDABAD

In the result, we allow appeal of the assessee and delete penalty confirmed by the ld

Bench: Shri Rajpal Yadav & Shri Amarjit Singh

deemed dividend and the said company was treated as assessee in default for not deducting TDS in assessment year 2004-05 and 2005-06. In both

DISHMAN PHARMACEUTICALS & CHEMICALS LTD.,,AHMEDABAD vs. THE ACIT.,(OSD)RANGE-1,, AHMEDABAD

In the result, we allow appeal of the assessee and delete penalty confirmed by the ld

Bench: Shri Rajpal Yadav & Shri Amarjit Singh

deemed dividend and the said company was treated as assessee in default for not deducting TDS in assessment year 2004-05 and 2005-06. In both

THE DCIT(OSD)RANGE-1,, AHMEDABAD vs. DISHMAN PHARMACEUTICALS & CHEMICALS LTD.,, AHMEDABAD

In the result, we allow appeal of the assessee and delete penalty confirmed by the ld

Bench: Shri Rajpal Yadav & Shri Amarjit Singh

deemed dividend and the said company was treated as assessee in default for not deducting TDS in assessment year 2004-05 and 2005-06. In both

THE ACIT,(OSD)RANGE-1,, AHMEDABAD vs. M/S. DISHMAN PHARMACEUTICALS & CHEMICALS LTD.,, AHMEDABAD

In the result, we allow appeal of the assessee and delete penalty confirmed by the ld

Bench: Shri Rajpal Yadav & Shri Amarjit Singh

deemed dividend and the said company was treated as assessee in default for not deducting TDS in assessment year 2004-05 and 2005-06. In both

MONACHEM ADDITIVES PRIVATE LIMITED,VADODARA vs. THE INCOME TAX OFFICER,TDS-2, VADODARA

In the result, the appeal filed by the assessee is accordingly dismissed

TDS-2 Krishna Industrial Estate, Baroda Opp. BIDC Gorwa, Baroda PAN : AAFCM 2738 M अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee by : Shri S.H. Talati, AR Revenue by : Shri N.P. Patel, Sr DR सुनवाई क" तार"ख/Date of Hearing : 08/09/2017 घोषणा क" तार"ख /Date of Pronouncement: 06/10/2017 आदेश/O R D E R PER MANISH BORAD, ACCOUNTANT MEMBER: These

SHRI DILIP GOVINDLAL SHAH,BARODA vs. THE INCOME TAX OFFICER, WARD-2(3),, BARODA

In the result, the appeal filed by the assessee is accordingly dismissed

TDS-2 Krishna Industrial Estate, Baroda Opp. BIDC Gorwa, Baroda PAN : AAFCM 2738 M अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee by : Shri S.H. Talati, AR Revenue by : Shri N.P. Patel, Sr DR सुनवाई क" तार"ख/Date of Hearing : 08/09/2017 घोषणा क" तार"ख /Date of Pronouncement: 06/10/2017 आदेश/O R D E R PER MANISH BORAD, ACCOUNTANT MEMBER: These

MATESHWARI BUS OPERATION PRIVATE LIMITED,AHEMDABAD vs. INCOME TAX OFFICER, TDS WARD 2, AHEMDABAD

In the result, appeal of the assessee is allowed

Bench: Dr. B.R.R. Kumar, Vice-Shri Siddhartha Nautiyalmateshwari Bus Operations Vs. The Income Tax Officer, Private Limited, Tds, Ward-2, U-7, Swastik House, Near Old Ahmedabad. High Court, Navrangpura, Ahmedabad-380009. [Pan :Ahmm13678 A] (Appellant) .. (Respondent) Appellant By : Shri Amit Mundhra, Ar Respondent By: Shri Prateek Sharma, Sr. Dr Date Of Hearing 05.08.2025 Date Of Pronouncement 29.09.2025 O R D E R Per Dr. B.R.R. Kumar, Vice-:- Delay Condoned This Appeal Has Been Filed By The Assessee Against The Order Dated 21.02.2025 Passed By The Ld. Addl/Jcit(A)-7, Mumbai (‘Ld. Cit(A)’ In Short), Under Section 250 Of The Income-Tax Act, 1961 (‘The Act’ In Short), Relating To The Assessment Year 2015-16. 2. The Assessee Has Raised The Following Grounds Of Appeal: “That On The Facts & In The Circumstances Of The Case & In Law, The Learned Assessing Officer Has Grossly Erred In Treating The Bona Fide Inter- Corporate Loan Of Rs.20,00,000/- Advanced By The Assessee To M/S Tak Bus Operations Pvt. Ltd. As "Deemed Dividend" Under Section 2(22)(E) Of The Income-Tax Act, 1961 & In Holding The Assessee To Be An Assessee In Default Under Section 201(1)/201(1A) For Not Deducting Tax At Source Under Section 194 Of The Act. The Learned Assessing Officer Failed To Appreciate That The Transaction Was A Commercial Loan, Fully Disclosed & Subsequently Repaid By The Recipient, The Assessee Was Not The Beneficial Owner Of Shares In The Recipient Company, No Benefit Accrued To Any Shareholder Individually & The Conditions Of Section 2(22)(E) Were Not Satisfied Either In Letter Or In Spirit. The Impugned Order Is Therefore Bad In Law, Based On Presumptions & Liable To Be Quashed In Its Entirety.” Maheshwari Bus Operation Pvt. Ltd. Vs. Ito Asst. Year 2015-16 - 2–

deemed dividend provisions apply only when the recipient is a shareholder. Further, the TDS on dividend is applicable only when

INCOME TAX OFFICER TDS-1, VADODARA vs. AARAV REALITY PRIVATE LIMITED, VADODARA

In the result, the appeal of the Revenue is dismissed

Bench: Smt.Annapurna Guptaasstt.Year :2012-13 Ito, Tds-1 Aarav Reality Private Limited Vadodara. Vs 201, Payal Complex Opp: M.S. University Sayajiganj Vadodara 390 005. Pan : (Applicant) (Responent) : Shri Hemant Suthar, Ar Assessee By : Shri Atul Pandey, Sr.Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 30/07/2024 घोषणा क" तारीख /Date Of Pronouncement: 23/08/2024 आदेश आदेश/O R D E R आदेश आदेश

TDS on amounts received by it by way of loan from M/s Aarav Reality P.Ltd., treating it as deemed dividend

MOHAN B AGRAWAL,AHMEDABAD vs. DCIT, CIRCLE-4(2), AHMEDABAD

Appeal of the assessee is allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकरअपीलसं./Ita No. 1009/Ahd/2019 "नधा"रणवष"/Asstt. Year: 2013-2014 Mohan B. Agrawal, D.C.I.T., 4Th Floor, Shoppers Plaza-Ii, Vs. Circle-4(2), Opp. B.S.N.L Telephone Exchange, Ahmedabad. Navrangpura, Ahmedabad-380009. Pan: Aaopa4030C

deemed dividend to the extent of accumulated profit of Rs. 1,71,13,533/-and added the same to the total income of the assessee. Aggrieved assessee preferred an appeal before the learned CIT (A). 4. The assessee before learned CIT (A) Submitted that loan advances received from SDIPL is a running account and during the year he has accepted

SHRI RAM KRUPA MEDICARE PVT. LTD.,VADODARA vs. THE DY.CIT, CIRCLE-2(1)(1), VADODARA

In the result, the appeal of the assessee is allowed for statistical purpose

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinhaassessment Years: 2021-22

dividend and deducted TDS thereon during Quarter 2 of F.Y. 2020-21. In view of this fact the assessee was required to bring on record Form No. 10F as well as tax residency certificate of the deductee for the period from 01.07.2020 to 30.09.2020. In the interest of justice, therefore, we deem

INCOME TAX OFFICERS (TDS),, GANDHINAGAR vs. SHRI RANG INFRASTRUCTURE PVT. LTD.,, GANDHINAGAR

In the result, the appeal of Revenue is allowed for statistical purpose

Bench: Shri Pradip Kumar Kedia & Shri Mahavir Prasadआयकर अपील सं./I.T.A. No. 2266/Ahd/2017 ("नधा"रण वष" / Assessment Year: 2010-11)

TDS on an amount of Rs. 3,08,90,000/- lent by it to its shareholders which are covered under the provisions of sec. 2(22)(e) of the Act and consequently such deemed dividend

SHRI ASHOKKUMAR H. RATHOD,,BHAVNAGAR vs. THE INCOME TAX OFFICER, WARD-1(3),, BHAVNAGAR

In the result, the appeal of the assessee is allowed

deemed dividend u/s. 2(22)(e) of the act. 4. Aggrieved assessee has filed appeal before the ld. CIT(A). The ld. CIT(A) has dismissed the appeal of the assessee. 5. During the course of appellate proceedings before us, the ld. counsel has filed paper book containing detail and copies of document furnished before the assessing officer

BEES INFRACON PRIVATE LIMITED,AHMEDABAD vs. INCOME TAX OFFICER, WARD1(1)(2), AHMEDABAD

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

Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)

deemed dividend u/s.2[22][e] of the Act and demanded tax thereon. 2.1. Aggrieved against the reassessment order, assessee filed an appeal before CIT[A] who has confirmed that addition by holding that the provisions of section 2[22][e] of the Act do not differentiate I.T.A No. 1283/Ahd/2024 A.Y. 2013-14 Page No 3 Bees Infracon