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M/S Parthiv Enterprises , Mumbai vs Ito 17(2)(5), Mumbai on 25 April, 2022

7.9 Further, I note that in the case of Sh. Sahir Sami Khatib Vs. ITO [2018] 98 taxmann.com 453 (Bombay) the Hon'ble Bombay High Court recently held that where assessee was holding more than 10 per cent of equity shares of lending company and also having substantial interest in borrowing company, amount of loan given by lender company to borrower company was rightly added to assessee's taxable income as deemed dividend. Going by the above analogy, the pattern of the inter-se holding pattern of shareholding and voting rights in the company M/s. K.C. Kapadia and Sons Pvt. Ltd. by the two partners of the firm to the tune of 20% will definitely attract provisions of Section 2(22)(e).
Income Tax Appellate Tribunal - Mumbai Cites 12 - Cited by 0 - Full Document
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