COURT: | Bombay High Court |
CORAM: | B. P. Colabawalla J, S. C. Dharmadhikari J |
SECTION(S): | 2(22)(e) |
GENRE: | Domestic Tax |
CATCH WORDS: | deemed dividend |
COUNSEL: | Shobha Jagtiani |
DATE: | October 3, 2018 (Date of pronouncement) |
DATE: | October 5, 2018 (Date of publication) |
AY: | 2007-08 |
FILE: | Click here to view full post with file download link |
CITATION: | |
S. 2(22)(e) Deemed Dividend: Law explained on whether only a proportionate addition of deemed dividend can be made taking into consideration the percentage of the shareholding in the borrowing company in cases where (a) there is only one shareholder that has a shareholding in the lending company as well as in the borrowing company & (b) two or more shareholders are shareholders of the same lending company and the same borrowing company |
There cannot be any proportionate addition of deemed dividend taking into consideration the percentage of the shareholding in the borrowing company. Section 2(22)(e) of the I. T. Act, 1961 does not postulate any such situation. This is especially as there is only one shareholder that has a shareholding in the lending company as well as in the borrowing company. Different considerations may arise if two or more shareholders are shareholders of the same lending company and the same borrowing company. In such a factual position it could possibly be argued that the addition ought to be made on a proportionate basis.
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