This Digest of case laws is prepared by KSA Legal and AIFTP from judgements reported in BCAJ, CTR, DTR, ITD, ITR, ITR (Trib), Chamber's Journal, SOT, Taxman, TTJ, BCAJ, ACAJ, www.itatonline.org and other journals
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S. 2(22)(e):Deemed dividend – Share holder – Transferred share holding on borrower company to lender company before advance of loan – Addition cannot be made as deemed dividend .

ACIT v. Gurdeep Singh ( 2020) 183 ITD 317 / 117 taxmann.com 451 / 206 TTJ 872 / 80 ITR 14 (SN) ( Chd) (Trib)

S. 2(22)(e):Deemed dividend – Allotment of shares- Debited value of shares in the ledger account – Addition of debit balance as deemed dividend is held to be not be not justified .

Dy .CIT v .Veena Goyal ( Smt.) (2020) 119 taxmann.com 362 / 186 ITD 298( Jaipur ) (Trib)

S. 2(1A) : Agricultural income – Rubber manufacturer – Sale of rubber trees and timber cannot be brought to tax under rule 7A [ R.7A ]

Aspinwall and Co Ltd v. ACIT (2020) 183 ITD 621 / 116 taxmann.com 851 ( Cochin) (Trib)

S.148: Reassessment — Notice -Principal Officer- Notice issued in the name of Principal officer was quashed [ S.2(35(b) , 147 , Art . 226 ]

Suvendra Kumar Pand v .ITO ( 2020) 121 taxmann.com 27 / 276 Taxman 171 ( Mag) (Mad) (HC)

S. 2(22)(e):Deemed dividend – Amount received from subsidiary company as advance for providing corporate guarantee- Addition cannot be made as deemed dividend .

CIT v. Accel Ltd ( 2020) 429 ITR 36/ 273 Taxman 424/ 118 taxmann.com 103 ( Mad) (HC)

S. 2(22)(e):Deemed dividend – Director – No evidence to prove that the advance was in respect of sale of land – Addition as deemed dividend is held to be justified .

Vikram Krishna v. PCIT (2020) 114 taxmann.com 196 ( Delhi) (HC) Editorial: SLP of assessee is dismissed , Vikram Krishna v. PCIT (2020)269 Taxman 477/ 114 taxmann.com 197 (SC)

S. 2(22)(e):Deemed dividend – Share holder – Not a shareholder in a company from which loan was received – Loan amount cannot be assessed as deemed dividend

CIT v. Checkpoint Apparel Labelling Solutions ( India ) Ltd ( 2020) 120 taxmann.com 125 ( Mad) (HC)

S. 2(22)(e):Deemed dividend – Deposit for purchase of premises – Addition cannot be made as deemed dividend – No question of law .[ S.260A]

PCIT v. Dina S. Shah ( Smt) ( 2020) 117 taxmann.com 100 ( Bom) (HC)

S. 2(22)(e) : Deemed dividend—Share application money received by companies from other companies—Additions cannot be made as deemed dividend.

CIT v. Vikas Oberoi (2017) 396 ITR 215 / ( 2020) 115 taxmann.com 260 (Bom.) (HC) Editorial : SLP is dismissed due to low tax effect ,CIT v. Vikas Oberoi (2017) 393 ITR 74 (St.)/ (2020) 115 taxmann.com 261 /272 Taxmann.188 (SC)

Direct Tax Vivad Se Vishwas Act , 2020

S. 4: Filing of declaration and particulars to be furnished – Disputed tax – Pendency of Appeal before High Court – Permission to withdraw the appeal was granted –Given liberty to restore the appeal in the event the ultimate decision is taken on the declaration is against the assessee. [ S.260A ]

Bhimaas Engineering and Projects Pvt Ltd v. Dy CIT ( 2021) 430 ITR 519 ( Mad) (HC) Ind Mark Properties P .Ltd v. ACIT ( 2021) 430 ITR 500 ( Mad) (HC)