Deemed dividend u/s 2(22)(e)

Tax queries 767 views 3 replies

Dear Sir,

Our company is a limited company but but not listed and has advanced loan to other group companies for 6.29 crores in which there are common directors and also they hold beneficial shares of more then 10%. 

The company which has advanced loan has accumulated profit upto  33.25 lacs upto 31/03/2012 and current year 2012-13 there is a loss for 35 lacs. 

There is confusion regarding the amount of Deemed dividend taxable (to the extent of accumulated profits) as to what will be the amount of Deemed dividend u/s 2(22) (e)

regards

Mahesh Jain

 

 

 

 

Replies (3)

Hi Mahesh

I think in your case Sec 2(22)(e) would not apply because your co. has provided loan to other co. and not to any share holder.
in my opinion 2(22)(e) applies to deemed dividend to shareholder.

Lets look up for other replies also
 

Thanks

i agree with mr. yuvraj
As per 2 (22)(e) , loan and advance are taxable to extent of accumulated profits since there is a loss after adjusting current year loss, so no dividend are taxable.


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