Ambey Capital P. Ltd. v. Dy. CIT (2024) 111 ITR 4(SN) (Delhi)(Trib.)

S. 2(22)(e) : Deemed dividend-Business nexus and business exigency of entire transaction proved-Advance could not be construed as the receipt of dividend.

Held that the Assessee is an investment company holding 15.47 percent. of equity in lender company. Took a loan from the bank for investment in two other companies against collateral security given by the director of the assesse. The assessee utilizing the entire loan for investment. The company in which the assessee holds 15.47 percent equity lending money to the assessee for making monthly payments to the bank. Business nexus and business exigency of the entire transaction were proved, hence advance could not be construed as the receipt of a dividend. (AY. 2012-13)