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-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)

S. 2(14)(iii) : Capital asset-Agricultural land-Revenue records are ultimate proof of the land being agricultural land-Land situated beyond prescribed Limit-Cannot be considered as non-agricultural Land. [S. 45]

Mohideen Sharif Inayathulla Sharif v. ITO (2022) 95 ITR 345 (Chennai) (Trib)

S. 69A : Unexplained money – Advocate – Seizure of cash – Cash withdrawal from Bank – Professional fees received cash – Name of the client from whom cash received was disclosed – The cash amount was disclosed in the books of account – Revenue cannot ask the asseessee to prove the source of the source -Addition was deleted [ S.44AB , 131(IA) ]

Ramachandra Kanu Mendadkar v CIT(A) (Mum)( Trib) www.itatonline .org .