Deemed dividend

This query is : Resolved 

31 October 2012 Please inform the tax implications of the following under the ambit of Sec-2(22)(e) wit logic & relevant case law, if possible:

1. A pvt ltd co is paying PF & ESI of a partnership firm i which two of its directors hold 50% voting power. The company is also a partner in the said firm. The partnership firm is reimburshing the suc to the company.

2. A Pvt Co company makes payment on behalf of shareolder olding more than 10% voting power & such amount is utilised for the benefit of such shareholder & spouse.

3. A Pvt ltd co who is engaged in the money lending business gives any advance to a person where such advance is utilised for the individual benefit of one of its shareholder holding more than 10% voting power.
Regards


01 November 2012 1 & 2 case its deemed dividend. in case 3 its normal business of company to lend money hence not taxable.



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