TaxTMI 
TaxTMI 
2023 (1) TMI 780
X X X X Extracts X X X X
X X X X Extracts X X X X
....himanka, Senior Standing Counsel for the Revenue Department ORDER 1. The present appeal by the Assessee is directed against an order dated 10th October, 2017 passed by the Income Tax Appellate Tribunal, Cuttack Bench, Cuttack (ITAT) in ITA No.52/CTK/2016 for the Assessment Year (AY) 2011-12. 2. While admitting the present appeal on 27th July 2022, the following question was framed for considera....
X X X X Extracts X X X X
X X X X Extracts X X X X
....rs as well. 5. Mr. Mishra also happens to be the Director of M/s. Orissa Stevedores Ltd. (OSL) and in OSL, he holds 36.95% shares. 6. During the AY in question, OSL gave a unsecured loan of Rs.3,75,78,685/- to the Firm i.e. M/s. Mahimananda Mishra. Of this, Rs.1,74,04,185/- was received as cash. The Assessing Officer (AO) proceeded to treat the above unsecured loan as a deemed dividend in the ha....
X X X X Extracts X X X X
X X X X Extracts X X X X
....e or loan to a shareholder, being a person who is the beneficial owner of shares (not being shares entitled to a fixed rate of dividend whether with or without a right to participate in profits) holding not less than ten per cent of the voting power, or to any concern in which such shareholder is a member or a partner and in which he has a substantial interest (hereafter in this clause referred to....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... as discussed above. The AO is directed to take remedial measures accordingly." 10. The ITAT in the impugned order has, in the considered view of this Court, needlessly remanded the matter to the CIT (A) on the ground that it was not clear whether deemed dividend should be taxed in the hands of Assessee's partner or in the hands of the Assessee. Since the plain reading of Section 2(22)(e) of the ....