2019 (4) TMI 1226 - AT - Income Tax

ITAT rules in favor of assessee, deletes deemed dividend addition under Income Tax Act

Shyamsunder Rao Gone Versus Income Tax Officer, Ward-17 (3), HYDERABAD

Shyamsunder Rao Gone Versus Income Tax Officer, Ward-17 (3), HYDERABAD - TMI Issues:Interpretation of Section 2(22)(e) of the Income Tax Act regarding deemed dividend and its applicability based on the company's reserves and tax liabilities.Detailed Analysis:1. Background and Assessment Proceedings:The appeal was filed against the order of the Commissioner of Income Tax (Appeals)-5, Hyderabad, concerning the assessment year 2012-13. The case involved the company advancing loans to the assessee, who held a position in the company. The provisions of Section 2(22)(e) of the Act were invoked due to the company's reserves and the loan advanced to the assessee. Assessment was reopened, and notices were issued under relevant sections.2. Contentions and Assessing Officer's Decision:The assessee contended that the reserves were affected by MAT liabilities and requested no deemed dividend charges. However, the Assessing Officer rejected these contentions, considering tax deductions but still adding an amount as deemed dividend under Section 2(22)(e) of the Act. The appeal was then filed before the CIT(A).3. CIT(A) Decision and Subsequent Appeal:The CIT(A) dismissed the appeal due to non-compliance and upheld the addition of deemed dividend based on the company's reserves and the loan advanced to the assessee. The assessee then appealed to the ITAT, challenging the CIT(A)'s decision.4. Arguments Before ITAT and Decision:Before the ITAT, the assessee argued that the company had tax liabilities not reflected in the balance sheet, affecting the reserves. The ITAT considered the company's accumulated reserves and tax liabilities, citing a relevant case law. It was observed that the tax liabilities should be considered while assessing accumulated profits for the purpose of deemed dividend under Section 2(22)(e). As the company's accumulated profit was affected by tax liabilities, the addition under Section 2(22)(e) was deleted, ruling in favor of the assessee.5. Conclusion:The ITAT allowed the appeal, emphasizing the impact of tax liabilities on accumulated profits for determining deemed dividend under Section 2(22)(e) of the Act. The decision highlighted the importance of considering all liabilities to ascertain available profits for dividend distribution. The judgment clarified the interpretation of the law in light of the company's financial position, ultimately leading to the deletion of the deemed dividend addition.This detailed analysis provides a comprehensive overview of the legal judgment, addressing the issues, arguments, and decisions made throughout the appellate process.