deemed dividend query

Company A in which public is not substantially interested has received dividend from another company. The company proposes to take a policy in the name of a director cum shareholder who is holding more than 10% of voting power on which director will be receiving interest which will be accounted as his personal income. However, the one time premium paid to LIC will be shown as an asset in the books of the company. On maturity of the policy or death of the Director, LIC will pay the amount to the company. Which sections of Income Tax Act are applicable here? (is Section 2(22)(e) or 60 attracted?)

 

Replies (1)

Hi Surabhi

The dividend received by the company is a separate issue. 

When it comes to premium paid by company, it needs to be written off as expense. The maturity amount goes to the director, as he is the insured.  The premium forms part of perquiste to director. Unless the director assigns the policy to the company, it is not an asset of the company.

 

Regards

Sahana Murthy 

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