Commercial vehicle depreciation, scientifically determined warranty provisions and exempt-income disallowances were resolved in favour of the taxpayer...
Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
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A loan advanced by a closely held company to a shareholder can be treated as deemed dividend where the statutory conditions of section 2(22)(e) are satisfied. Applying the Supreme Court's interpretation in Smt. Tarulata Shyam, the Tribunal held that later repayment and the fact that the advance carried interest did not remove the payment from the deeming fiction. The authorities relied on by the parties were distinguished on their facts, including a money-lending exception and a specific quid pro quo absent here. The addition was therefore sustained and the appeal dismissed.
A loan advanced by a closely held company to a shareholder can be treated as deemed dividend where the statutory conditions of section 2(22)(e) are satisfied. Applying the Supreme Court's interpretation in Smt. Tarulata Shyam, the Tribunal held that later repayment and the fact that the advance carried interest did not remove the payment from the deeming fiction. The authorities relied on by the parties were distinguished on their facts, including a money-lending exception and a specific quid pro quo absent here. The addition was therefore sustained and the appeal dismissed.
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