Deemed dividend

Please inform the tax implications of the following under the ambit of Sec-2(22)(e) wit logic & relevant case law, if possible:

1. A pvt ltd co is paying PF & ESI of a partnership firm i which two of its directors hold 50% voting power. The company is also a partner in the said firm. The partnership firm is reimburshing the suc to the company.

2. A Pvt Co company makes payment on behalf of shareolder olding more than 10% voting power & such amount is utilised for the benefit of such shareholder & spouse.

3. A Pvt ltd co who is engaged in the money lending business gives any advance to a person where such advance is utilised for the individual benefit of one of its shareholder holding more than 10% voting power.

Regards

 

Replies (2)

In your 2nd&3rd situations the payment will come under deemed dividend and the receiver will be liable to pay the tax

 

In 1st & 3rd case, 2(22)(e) is not applicable. in 2nd case it will apply & will be dividend in hands of directors.

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