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2019 (3) TMI 1802 - ITAT PUNEDeemed dividend u/s.2(22)(e) - loan given by the company is in the nature of gratuitous loan advanced only because of the fact of the assessee being a substantial shareholder - HELD THAT:- We find that similar issue had cropped up for the assessment year 2012-13 and the Ld. CIT(Appeals) in that case of the assessee after placing reliance on the decision in the case of Pradeep Kumar Malhotra v. CIT [2011 (8) TMI 16 - CALCUTTA HIGH COURT] has provided relief to the assessee. Thereafter, the Revenue had preferred an appeal before the Tribunal wherein the Co-ordinate Bench of the Pune Tribunal after placing reliance on the same judgment of the Hon'ble Calcutta High Court has upheld the findings of the Ld. CIT(Appeals) and dismissed the Revenue’s appeal. No infirmity with the findings of the Ld. CIT(Appeals) in his orders for all the assessment years before us and therefore, these orders of the Ld. CIT(Appeals) are upheld and relief provided to the assessee is sustained.
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