SEC2(22)(e)

Pvt LTD company given 15,00,000 loan to director,it is deemed divided.. how to pay DDT, and is there any neeed to disclose it in audit report .
Replies (2)
If director is also a shareholder, then yes its a deemed dividend u/s 2(22)(e)
and tax on it has to be paid by shareholder and not the pvt ltd company

1. As per sec 2(22)(e), if a company provides loans or advance to a shareholder,
a. any of its shareholders who has more than 10% voting power in the company or
b. to any concern in which such shareholder is substantially interested or
c. for the individual benefit of such shareholder or
d. on behalf of such shareholder,
to the extent of accumulated profit of the company, will be treated as deemed dividend u/s 2(22)(e) of the act. 
2. Dividend distribution is to be paid by the company on such dividend. From 01.04.2018 any company which is paying a dividend which is in the nature specified u/s 2(22)(e), the tax shall be payable @ 30% plus surcharge and Edu cess on such loan or advance.  
3. In your case, if the director happens to be a shareholder as per the above criteria then, he Rs. 15,00,000 loan amount to the extent of accumulated profit will be treated as dividend as per sec 2(22)(e) of the act. 
4. If he is merely a director without holding any share in the company. Then sec 2(22)(e) will not be applicable to him. It will be treated as a loan and there will not be any Income tax liability with respect to such transaction. 
Please correct me if the above solution has an alternative view. 

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 07 October 2026
Article Assistant

Malhotra Rajesh & Associates

New Delhi

B.Com

View Details
Company
ARTICLESHIP 17 October 2026
Articled Assistant

RRPM & Associates LLP

Chennai

CA Inter

View Details
Company
ARTICLESHIP 20 October 2026
CA ARTICLE

AMKN & CO

Noida

CA Inter

View Details
Company
ARTICLESHIP 07 October 2026
Article assistant

S.K.Bajpai & Co.

Noida

B.Com

View Details
Company
ARTICLESHIP 08 October 2026
ARTICLE TRAINEE

S.B.G. & CO. CHARTERED ACCOUNTANTS

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 23 October 2026
CA Articleship / Article Assistant

M N Rao & Associates LLP

Vijayawada

CA Inter

View Details
Company
ARTICLESHIP 30 September 2026
CA Article Assistant

CA Suraj Garg & Associates

New Delhi

CA Final

View Details
Company
10 October 2026
Accounts Associate Level 1

Abic and Mani Chartered Accountants

Kottayam

B.Com

View Details