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of <h1>Tribunal rules Section 2(22)(e) of Income Tax Act misapplied; Rs. 11,06,475 addition deleted, deposit not loan.</h1> <h3>SEAMIST PROPERTIES PVT. LTD. Versus INCOME TAX OFFICER.</h3> SEAMIST PROPERTIES PVT. LTD. Versus INCOME TAX OFFICER. - TTJ 095, 201, [2005] 1 SOT 142 (MUM.) Issues Involved:1. Applicability of Section 2(22)(e) of the Income Tax Act to the amount received by the assessee.2. Interpretation of the term 'deposit' versus 'loan or advance' under Section 2(22)(e).Summary:1. Applicability of Section 2(22)(e):The assessee challenged the CIT(A)'s order confirming the addition of Rs. 11,06,475 u/s 2(22)(e) of the Income Tax Act. The assessee argued that the amount of Rs. 2,33,31,427 received from Silvasa Estates (P) Ltd. was a deposit as per the MoU dated 9th Feb., 1997, and not a loan or advance. The AO noted that the intended new business did not start, and the amount remained with the assessee. The AO observed that the provisions of s. 2(22)(e) were applicable as the directors had substantial interest in both companies. The CIT(A) upheld the addition, stating the dominant intention was to avoid distribution of dividend.2. Interpretation of 'Deposit' vs. 'Loan or Advance':The assessee contended that the amount was a deposit, not a loan or advance, and thus, s. 2(22)(e) was not applicable. The MoU specified the amount as a deposit to show bona fides for a new business venture. The assessee returned the deposit when the project was deemed unfeasible. The Tribunal noted that s. 2(22)(e) applies to loans and advances, not deposits. The provisions are deeming fictions meant to prevent tax evasion on dividends by closely-held companies. The Tribunal cited various judicial pronouncements distinguishing deposits from loans or advances, emphasizing strict interpretation of deeming provisions.Conclusion:The Tribunal concluded that the provisions of s. 2(22)(e) were misapplied. The amount received was a deposit, not a loan or advance. The appeal was allowed, and the addition of Rs. 11,06,475 was deleted.
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