Ad Free CAclubindia and Daily Updates on your Mobile. Subscribe Now!

DEEMED DIVIDEND

RISHI (cs) (227 Points)

15 October 2010

A company has 2 shareholders and both hold 50 % shares of the company. If company advances loan to grandson/son of one of the shareholder, will it attract section 2(22) (e)?

Reply
Follow
Share

7 Replies

RISHI (cs) (227 Points)
Replied 16 October 2010

A company has 2 shareholders and both hold 50 % shares of the company. If company advances loan to grandson/son of one of the shareholder, will it attract section 2(22) (e)?

Upgrade to CAclubindia Pro. Subscribe Now!

C.A. Parin Poojara (Chartered Accountant) (90 Points)
Replied 16 October 2010

Yeah. it attracts section 2(22) (e).

Coz see the words used in the defination. it is clearly written that
"any payment by any such company on behalf, or for the individual benefit, of any such shareholder"

So payment made to son or grand son is also included fot the purpose of Deemed Dividend.

RISHI (cs) (227 Points)
Replied 16 October 2010

actually the payment is to be made to a firm in which shareholder's grandson is proprietor. where there is any individual benefit of shareholder?

RISHI (cs) (227 Points)
Replied 18 October 2010

pls. reply

C.A. Parin Poojara (Chartered Accountant) (90 Points)
Replied 18 October 2010

I think it is not treated ad Deemed Dividend. Even in the section it is writen that paymnet to any concern in which such shareholder is a member or a partner and in which he has a substantial interest. And even as per explanation3 (b) Which defines Substantial interest as "a person shall be deemed to have a substantial interest in a concern, other than a company, if he is, at any time during the previous year, beneficially entitled to not less than twenty per cent of the income of such concern " So it is not covered within that.

And even i had earier said that "any payment by any such company on behalf, or for the individual benefit, of any such shareholder" We can argue that payment made to prop. in which grand son is owner shall not be consider as for the individual benifit of such share holder.