Tuesday, 13 December 2011

CIT vs. Arvind Kumar Jain - Delhi High Court

The assessee held 50% of the shares of a closely held company. The assessee’s books showed that he had taken an “unsecured loan” of Rs. 47 lakhs from the company. The AO assessed the said amount as “deemed dividend” u/s 2(22)(e) though the CIT(A) & Tribunal deleted it on the ground that there was a running business relationship between the assessee and the company and the said amount was not a loan but was the result of those business transactions. The department filed an appeal before the High Court. HELD dismissing the appeal.

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