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Set off of loan with dividend

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22 October 2010

A pvt ltd co granted loan to director(Holding 60% eq.shares).

Co. declared dividend and adjusted such loan with dividend

Query : is it taxable u/s.2(22)(e)

22 October 2010 Another very peculiar situation. As per rule it should be treated as deemed dividend u/s 2(22)(e). But the loan given say Rs. 1 lac is adjusted against dividend declared Rs. 1 lac. In my view only Rs 1 lac will be taxable. Views of other experts also solicited.

23 October 2010 Loan to shareholder is deemed dividend u/s 2(22)(e)
- not liable to DDT u/s 115O but taxable in the hands of shareholder even if the same is repaid during the year

Dividend declared later u/s 2(22)(a)
- liable to DDT and exempt for shareholder u/s 10(34)

Adjustment/ set off will not alter the applicability of above




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