Addition For Deemed Dividend Made Can Be Done In Hands Of Shareholder Only: ITAT
Mariya Paliwala
11 Dec 2023 12:45 PM GMT
The Delhi Bench of Income Tax Appellate Tribunal (ITAT) has held that addition for a deemed dividend made under Section 2(22)(e) of the Income Act can be done in the hands of the shareholder only.The bench of Yogesh Kumar (Judicial Member) and Shamim Yahya (Accountant Member) has observed that the assessee is not a registered shareholder in the loan-given company, so the addition to...
The Delhi Bench of Income Tax Appellate Tribunal (ITAT) has held that addition for a deemed dividend made under Section 2(22)(e) of the Income Act can be done in the hands of the shareholder only.
The bench of Yogesh Kumar (Judicial Member) and Shamim Yahya (Accountant Member) has observed that the assessee is not a registered shareholder in the loan-given company, so the addition to the touchstone is not sustainable.
The Assessing Officer made an addition under Section 68 for an unsecured loan amounting to Rs. 16,73,20,000. The assessing officer made an addition on account of the deemed dividend. The assessing officer also made an estimated disallowance of 10% of the expenses.
The assessee appealed before the CIT (A). The CIT (A) deleted the additions. The assessee has filed a petition under Rule 27 of the ITAT Rules, raising the ground that these additions are not sustainable as there is no incrimination material found as a result of the search and the assessment attained finality.
The assessee submitted that the assessee was not a registered shareholder in the concerned company from which the loan was obtained.
The Tribunal deleted the addition for deemed dividends made under Section 2(22)(e) of the Income Act.
Counsel For Appellant: Sapna Bhatia
Counsel For Respondent: Rakesh Gupta
Case Title: DCIT Versus M/s Solitaire Realinfra Private Limited
Case No.: ITA Nos.1333 to 1335/DEL/2021
