Aswani Enterprises v. ACIT (2023) 456 ITR 33 /294 Taxman 435 (SC) Editorial : Arising out of order, Aswani Enterprises v. ACIT (2018) 100 taxmann.com 178/ (2019) 417 ITR 223(Mad)(HC)

S. 147 : Reassessment-After the expiry of four years-Deemed dividend-Advances made earlier year-Oder of High Court affirmed-SLP is dismissed. [S. 2(22)(e), 148, Art. 136]

High Court held that there was nothing to indicate in the accounts statements that the amounts advanced by P to the assessee were during the course of its business and that the Tribunal was correct in rejecting the assessee’s contention that deemed dividend under section 2(22)(e) of the Income-tax Act, 1961, for the assessment year 1998-99, had to be computed only after deducting the advances given in the earlier assessment years, on a petition for special leave to appeal to the Supreme Court dismissed. (AY.1998-99, 1999-2000)