Revisional power in block assessment upheld, undisclosed search income sustained, freight suppression addition restored, accrued lorry hire liability ...
Reassessment and fee-for-technical-services classification: reopening upheld, but certain reimbursements and mobilization charges fell outside treaty ...
Section 80P deduction for co-operative societies remains available despite nominal members and housing society status, with limited interest income tr...
Section 2(22)(e) deems certain loans or advances to be dividends but enlarges only the meaning of dividend, not shareholder status. Its Explanation 3 defines "concern" as a HUF, firm, association of persons, body of individuals or company, and does not include a public Trust. A loan or advance from a private company to a public Trust therefore ordinarily cannot be treated as deemed dividend merely because the managing trustee holds substantial shares in the lender. The position may differ if the Trust is itself a qualifying shareholder or acts as a conduit for the trustee's individual benefit. On the stated facts, the reopening order and notices were quashed.
Section 2(22)(e) deems certain loans or advances to be dividends but enlarges only the meaning of dividend, not shareholder status. Its Explanation 3 defines "concern" as a HUF, firm, association of persons, body of individuals or company, and does not include a public Trust. A loan or advance from a private company to a public Trust therefore ordinarily cannot be treated as deemed dividend merely because the managing trustee holds substantial shares in the lender. The position may differ if the Trust is itself a qualifying shareholder or acts as a conduit for the trustee's individual benefit. On the stated facts, the reopening order and notices were quashed.
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