Sec 2(22)(e) of income tax act

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a closely held company gives loan to a partnership firm in which director's spouse having substantial interest will it be treated as deemed dividend?
Replies (10)

Not covered directly but may be fall under "any payment by any such company on behalf, or for the individual benefit, of any such shareholder". Depending upon the facts of the case. 

 

Nothing has gone in director's account also director is not partner in the firm. so I think it should not be. say what? @ tarunkumar

Three limbs of Section

Payment by way of advance or loan:

  1. to a shareholder, being a person who is the beneficial owner of shares (not being shares entitled to a fixed rate of dividend whether with or without a right to participate in profits) holding not less than ten per cent of the voting power
  2. to any concern in which such shareholder is a member or a partner and in which he has a substantial interest (hereafter in this clause referred to as the said concern)]
  3. any payment by any such company on behalf, or for the individual benefit, of any such shareholder

Definitely not falling in first TWO but might be covered in third scenario depending upon the facts of the case.

Refer:  CIT Vs. L. Alagusundaram Chettiar[1977] 109 ITR 508 (Mad.) 

I read the case but not similar to my case. I think it should be treated as deemed dividend bcz nothing has transferred to director's account or his spouse account and funds are completely used by firm. @ tarunkumar
Yes, If no funds are transferred to shareholder and only used by the firm in which his spouse is partner. It should not be treated as deemed dividend.
thank you @ tarunkumar
If the director does not qualify as shareholder...applicability of third limb may not be justified.
Yes. Agree with you. It will be applicable if the person is shareholder. That's why i mentioned shareholder.
No, all tax related queries are here.
sorry, ye mssge kahin aur post krna tha


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