FCA AICWA LL.B. DISA
106 Points
Joined May 2009
Final Paper 7 DTL
Qn. 4(e) Deemed dividend
Ofcourse the problem does not state whether the company giving the loan (AArav Ltd.) is a closely held company or not.
However the question paper clearly states that wherever essential, suitable assumptions may be made and stated in the answer.
So the student should state what he has assumed and proceed to answer accordingly. If it is not a vlosely held company, then there is no scope for applying the provisions of section 2(22)(e) of the IT Act, 1961.
Even in the case of a closely held company, any trade advance given for business purposes is not covered by s. 2(22)(e).