Deemed Dividend u/s 2(22)(e) of the Income Tax Act

Last updated: 14 August 2021

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Quick Summary

This Income Tax Appellate Tribunal case concerns Saamag Infrastructure Ltd. and the assessment year 2013-14. The assessee company, engaged in real estate, failed to appear for the hearing. Consequently, the appeal was decided ex parte based on the Revenue's submissions. The Tribunal restored the issue to the CIT(A) for further consideration, allowing the appeal for statistical purposes without adjudicating on the merits.

Court :
ITAT Delhi

Brief :
This appeal filed by the assessee is directed against the order of the Commissioner of Income Tax (Appeals)-27, New Delhi dated 21.03.2018 for Assessment Years 2013-14.

Citation :
ITA No.4064/Del/2018

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI
BENCH ‘B’, NEW DELHI
BEFORE SH. ANIL CHATURVEDI, ACCOUNTANT MEMBER
AND SH. KULDIP SINGH, JUDICIAL MEMBER
(THROUGH VIDEO CONFERENCING)
ITA No.4064/Del/2018
(Assessment Year : 2013-14)

Saamag Infrastructure Ltd.
B-67, Sarita Vihar
New Delhi - 110076
PAN : AAJCS 5438 A

APPELLANT

DCIT
Central Circle – 19
New Delhi

RESPONDENT

Assessee by --None--
Revenue by Shri Mahesh Thakur, Sr. D.R.
Date of hearing: 27.07.2021
Date of Pronouncement: 28.07.2021
ORDER

This appeal filed by the assessee is directed against the order of the Commissioner of Income Tax (Appeals)-27, New Delhi dated 21.03.2018 for Assessment Years 2013-14.

2.Assessee is a company stated to be engaged in the business of development and construction of real estate projects. Assessee electronically filed its return of income dated 31.03.2014 for A.Y.

3.Case file reveals that there is no appearance on behalf of the assessee and even on the date of hearing none appeared on behalf of the assessee though the notice of hearing was issued to the assessee. We therefore proceed to dispose of the appeal ex parte qua the assessee after considering the material on record and hearing the DR.

4.Assessee is also directed to furnish the details called for by the lower authorities. In view of our decision to restore the issue to CIT(A), we are not adjudicating on merits the grounds raised by the assessee. Thus the ground of assessee is allowed for statistical purposes.

5. In the result, appeal of the assessee is allowed for statistical purposes.
Order pronounced in the open court on 28.07.2021.

Please find attached the enclosed file for the full judgement

FAQ :

The appeal concerns the company Saamag Infrastructure Ltd. and relates to issues arising from the assessment year 2013-14, potentially involving deemed dividends under Section 2(22)(e) of the Income Tax Act.

No, the assessee company, Saamag Infrastructure Ltd., did not appear for the tribunal hearing, despite receiving notice.

The appeal was disposed of ex parte, meaning it was decided based on the arguments presented by the Revenue (DR) and the material on record, as the assessee was not present.

The Tribunal allowed the appeal for statistical purposes and restored the issue to the Commissioner of Income Tax (Appeals) for further adjudication, without deciding on the merits of the grounds raised by the assessee.