TMI Blog2019 (10) TMI 385X X X X Extracts X X X X X X X X Extracts X X X X ..... . Similarly, in the current year, we observe that major payments were made towards opening balances balance and thereafter against the various expenses and JV amounts payable. Under these circumstances, we are of the view that to hold the transactions of trading in nature entered into in the ordinary course of business as deemed dividend would be against the spirit of law as all these transactions seems to be necessitated by the business relationship between the two entities though the shareholder is common on both the entities. Transactions were purely out of trading transactions between the two concerns the assessee and the sister concern are entered into in the ordinary business operations and therefore does not fall within the amb ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iled before the ITAT and the ITAT once again vide order dt.10-11-2010, restored the issue to the file of AO with certain directions to decide the issue by giving reasonable opportunity to the assessee. Now the AO has, after allowing opportunity to the assessee, framed the assessment u/s.143(3) r.w.s.254 of the Act vide order dt.22-10- 2012, again making the addition of ₹ 74,32,885/-. According to the Ld.AO, the said addition represented the deemed dividend, within the meaning of Section 2(22)(e) of the Act, as the business of the Lauren Information Technology Pvt. Ltd., was not of money-lending and accordingly, all the conditions as envisaged by Section 2(22)(e) of the Act were satisfied and thus, justified the addition. Ld.CIT(A) par ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from the earlier year as opening and no disallowance was made by the Revenue qua the opening balance as deemed dividend in the earlier year. It was also stated before us that in the earlier year, the amount coming over from the earlier years was on account of trading operation only. Similarly, in the current year, we observe that major payments were made towards opening balances balance and thereafter against the various expenses and JV amounts payable. Under these circumstances, we are of the view that to hold the transactions of trading in nature entered into in the ordinary course of business as deemed dividend would be against the spirit of law as all these transactions seems to be necessitated by the business relations ..... X X X X Extracts X X X X X X X X Extracts X X X X
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