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2016 (12) TMI 1846 - AT - Income TaxAddition u/s. 2(22)(e) - assessee was the major share holder/director of the company and also had entered into financial transaction with Kadam Exports (P) Ltd - non deduction of TDS - ITAT cancelling the order passed u/s 201(1) and 201(A) - HELD THAT:- As decided in SCHUTZ DISHMAN BIO-TECH PVT. LTD.[2016 (1) TMI 84 - GUJARAT HIGH COURT] Commissioner as a matter of fact found that the payments were not in the nature of current adjustment. There was movement of fund both ways on need basis. The transactions in the nature of loans and advances are usually very few in number whereas in the present case, such transactions are in the form of current accommodation adjustment entries. Commissioner therefore, held that the transactions were not in the nature of loans and advances. The Revenue carried the matter in appeal. The Tribunal concurred with the view of the CIT (Appeals) and held that the amounts were not in the nature of Inter Corporate Deposits and were therefore, not to be treated as loans or advances as contemplated in section 2(22)(e) of the Act. The issue is substantially one of appreciation of facts. When the CIT(Appeals) as well as Tribunal concurrently held that looking to large number of adjustment entries in the accounts between two entities, the amounts were not in the nature of loan or deposit, but merely adjustments, application of section 2(22)(e) of the Act would not arise - Decided against revenue
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