2010 (2) TMI 1155 - HC - Income Tax

Summary

Issues Involved:
The issue involved in this case is whether the addition of Rs. 30 lakhs made by the Assessing Officer, treated as deemed dividend u/s 2(22)(e) of the Income-tax Act, 1961, was correctly confirmed by the Commissioner of Income-tax (Appeals) and subsequently deleted by the Tribunal.

Judgment Summary:

Assessment of Addition of Rs. 30 lakhs:
The Tribunal's order dated 12.09.2008 in ITA No.2131/Del/2007 for the assessment year 2004-05 was challenged in this appeal. The Tribunal had deleted the addition of Rs. 30 lakhs, considering it as deemed dividend u/s 2(22)(e). The High Court, after hearing the appellant's counsel, disagreed with the submission that the Tribunal erred in deleting the addition. The Court held that the Tribunal's finding was based on facts. The Tribunal accepted that the amount of Rs. 30 lakhs given to the assessee, a director in the company, was for making advance in land dealings, not for individual benefit. The Tribunal found no material to suggest the assessee's explanation was incorrect. Additionally, as the deal did not materialize, the amount was returned by the assessee. The Tribunal concluded that since the amount was an imprest payment, it could not be treated as deemed dividend u/s 2(22)(e). Therefore, the High Court upheld the Tribunal's decision and dismissed the appeal.

Conclusion:
No substantial question of law was found to arise for consideration. The appeal was dismissed by the High Court.