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(24)(xviii) : Income-Assistance in the form of a subsidy or grant or cash incentive or duty drawback or waiver or concession or reimbursement-Eligible credit under served from India Scheme-Credit to be utilised only against purchase of capital goods and to be set off a portion of excise duty and custom duty only-Does not constitute taxable income [S. 4, 28(i)]

Container Corporation of India Ltd v. Dy.CIT(2022) 100 ITR 74 (Delhi)(Trib)

S. 2(22)(e) : Deemed dividend-Holding shares more than 10 Per Cent-Loans from companies assessable as deemed dividend.

Sanjay Subhashchand Gupta v. ACIT (2022) 95 ITR 89 (SN) (Mum.) (Trib.)

S. 2(22)(e) : Deemed dividend-Business transaction-Special purpose vehicle-Not shareholder in lender company-Advance for business purpose-Not assessable as deemed dividend.

Dy. CIT v. Aalap Digital Music Pvt. Ltd. (2022) 95 ITR 22 (SN) (Delhi) (Trib.)

S. 2(22)(e) : Deemed dividend-Dividend if at all taxable was taxable in the previous financial year and not in the relevant year-Addition was deleted.

Sunil Kanhaiyalal Gidwani v. ACIT (2022) 216 TTJ 54 (UO) / 140 taxmann.com 21 (SMC) (Pune)(Trib.)

S. 2(22)(e) : Deemed dividend-Loans obtained from group companies-Not shareholder of payer group companies-Loan cannot be treated as deemed dividend.

Rainbow Promoters (P.) Ltd. v. ACIT (2022) 95 ITR 232 (Delhi)(Trib.)

S. 2(22)(e) : Deemed dividend-Amount received in earlier years-Addition was not justified.

Sunil Kanhaiyalal Gidwani v. ACIT (2022) 216 TTJ 54 (UO) / 140 taxmann.com 21 (Pune)(Trib)

S. 2(22)(e) : Deemed dividend-Loan to shareholder-Loan made in ordinary course-Separate loan account and trade account of assessee-Loan cannot be treated as deemed dividend at the hands of assessee.

Kankuben Karshanbhai Tejani (Smt.) v. Dy. CIT (2022) 98 ITR 702 //(2023) 198 ITD 304 (Surat) (Trib.)

S. 2(22)(e) : Deemed dividend-Loans and advances-Advance to business purposes-Deemed dividend provision is not applicable.

Dy. CIT v. Gurmeet Singh Anand (2022) 98 ITR 85 (SN) (Delhi) (Trib)

S. 2(22)(e) : Deemed dividend-Loan to Shareholder-Nature of business of company to lend money-Advanced money to assessee shareholder for exigency and charged interest-Loan not assessable as deemed dividend.

ACIT v. Krishna Coil Cutters Pvt. Ltd. (2022)98 ITR 650 (Ahd) (Trib)

S. 2(22)(d) : Dividend-Any distribution to its share holders on the reduction of its share capital-Deemed dividend-Redemption of Preference shares at premium-Not assessable as dividend-Addition was deleted. [S. 2(22)(e), R. 11UA(1)(c)(b), 11UA (1)(c)(c)]

Information Technology Park Ltd. v. ITO (2022) 99 ITR 633 (Bang.)(Trib)