2012 (5) TMI 106

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....of the ld. CIT(A)-V, Chennai, dated 27.4.2010. 2. The sole issue raised in this appeal by the Revenue is that the ld. CIT(A) erred in directing the Assessing Officer to restrict the addition made on deemed dividend to Rs. 4,17,600/- as against Rs. 11,00,000/-made by the Assessing Officer. 3. The brief facts of the case are that the assessee is a whole time working director in M/s Ordian Heal....

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.... M/s. Ordain Health Care Private limited Account Statement for the period from 2004 to 2005 N. PRAMODH CURRENT ACCOUNT   Voucher Reference Account Particulars Cheque Reference Debit Credit   BP 041603 I Salary Advance 28526/ 1,100,000.00     16.04.04 / ICICI Bank   16.04.04       JR 073103 ....

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....t the Salary Advance of Rs. 11.00,000/- was later on adjusted against Incentive due to the appellant during the financial year itself and the same were also included as Salary income of the appellant and TDS has also been effected. 7.2 Under the circumstances, it is not fair to treat the whole amount of Rs. 11,00,000/- as deemed dividend under section 2(22)(e). Further, an amount of Rs. 4,17,60....