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Acit, Ratlam vs M/S Shirani Motors Pvt. Ltd., Ratlam ... on 27 February, 2023

(e) Asst. CIT v Pragya Equipments Pvt. Ltd. (2011) 18 ITJ 579 (Trib.-Indore) Assessee-company took a loan from company where the director held substantial interest-AO treated the loan as deemed dividend- Assessee contended that loan was in ordinary course of business - AO-treated the same was in ordinary course of business-HELD- Loan was not given in ordinary course of business of money lending-Also, same is payment for sale of goods as the loan was given at beginning of the year whereas goods were sold at year-end- However, since assessee is not a registered or beneficial owner of shares; Dividend cannot be added in hands of assessee in view of ACIT v. Bhaumik Colour (P) Ltd. (2009) 120 TTJ 865 (AT) SB(Mumbai)-Matter is remanded back to CITA to decide afresh.
Income Tax Appellate Tribunal - Indore Cites 16 - Cited by 0 - Full Document
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