Court allowed the application in view of a similar issue pending before larger Bench of the Supreme Court and on the ground that observations made in the order to the effect that the assessee had not made any payment by way of advance or loan to a share holder, but on the contrary, had received loans from the shareholders  Akik Tiles Ltd  and Marbolite Granito India  and hence, the provisions of section 2(22)(e) would not apply since the assessee was the recipient of such amount appeared to be erroneous. The order was recalled and restored to the extent of the question on the issue of addition made under section 2 (22)(e) of the Act.