Menu

CA Queries - Ask Questions & Get Expert Answers

Ask your professional queries on Income Tax, GST, TDS, Audit, ROC/MCA compliance and accounts. Get answers from CA/CS/CMA experts and community members on CASANSAAR.

Recent Questions

Question added Aug 30, 2014 Income Tax By satvinderwalia , CA , JALANDHAR
Question added Aug 26, 2014 Income Tax By Subba Tamang , CA , New Delhi
Question added Aug 26, 2014 Income Tax By CA. Jainendra Sahu , CA , Durg, Bhilai, Raipur, Bhopal
Question added Aug 08, 2014 Income Tax By BD ,B Com , Latur
0
answers
203 views
Q. Deemed Dividend - 1. S Pvt Ltd is engaged in Transport Business.

2. The Company has 10 directors. One of them is holding 20% of Paid up Capital, 2 are holding 5% each and remaining 7 are holding 10% each. Hence total 100.00. The Authorised and Paid up Capital is Rs 5.00 lakhs

3. S Pvt Ltd owns 14 Trucks. Apart from this, 60 trucks are owned by Directors in their individual name, thereby making them owner of respective trucks. The 60 trucks of Directors are purchased by them against Bank Finance (Commercial Vehicle Loan)
4. S Pvt Ltd sought some Transportation Contracts under its own name.

5. Now, Directors have employed Company owned 14 trucks and their privately owned 60 trucks for their company against fare.

6. Company maintained all 74 (14+60) trucks viz. wear and tear, repairs and maintenance, fuel, etc.

7. The company deducted above truck expenditure from Hire Rent Payable to respective Director.

8. Up to this everything was fine. But, the company has also paid the Truck Loan Installments of almost each Truck owned by Directors in their own name. Now, as the payments made on account of Truck Loan are much more than actual Hire Rent Payable, the Books are showing these extra payments to Directors as Receivable from Directors.

9. Now my question is whether these Truck Loan Installment payments are covered under Provisions of Deemed Dividend? If yes, how these transaction will be charged in case of Income Tax Scrutiny Assessment. Is it chargeable in the hands of Company or Directors in their individual capacity?

10. Please reply.
Ask a question:
Experts Panelist
Profile Image
Rambabu Senkarasetti
Accounts, Audit, Corporate Law, Finance, Income Tax, Service Tax, Students, VAT
Answers Posted : 409
Profile Image
CA Satuti Mahajan
Accounts, Audit, Corporate Law, Custom, Excise, FEMA, Finance, GST, IFRS, Income Tax, Service Tax, Shares & Stock, Students, VAT
Answers Posted : 291
Profile Image
Vikash Kumar Jha
Accounts, Audit, Banking, Corporate Law, Custom, Excise, FEMA, Finance, GST, IFRS, Income Tax, Service Tax, Shares & Stock, Students, VAT
Answers Posted : 270
Profile Image
Rishabh Upadhyay
Accounts, Audit, Corporate Law, Custom, Excise, FEMA, Finance, IFRS, Income Tax, Service Tax, Shares & Stock, Students, VAT
Answers Posted : 257
Profile Image
Ashish Karundia
Accounts, Audit, Corporate Law, Custom, Excise, FEMA, Finance, Income Tax, Service Tax, Students, VAT
Answers Posted : 257
Profile Image
Mrattunjay
Accounts, Corporate Law, Custom, Excise, FEMA, Finance, GST, IFRS, Income Tax, Service Tax, Shares & Stock, Students, VAT
Answers Posted : 220
Profile Image
PRIYANKA
Accounts, Audit, Corporate Law, Excise, Finance, Income Tax, Service Tax, Shares & Stock, Students, VAT
Answers Posted : 136
Profile Image
CA. SURESH Kr. AGARWAL
Accounts, Audit, Corporate Law, Custom, Excise, FEMA, Finance, GST, IFRS, Income Tax, Service Tax, Shares & Stock, Students, VAT
Answers Posted : 131
Profile Image
Vaneet Gupta
Accounts, Audit, Corporate Law, Custom, Excise, FEMA, Finance, IFRS, Income Tax, Service Tax, Shares & Stock, Students, VAT
Answers Posted : 120
Profile Image
Ketan Samdani
Accounts, Audit, Corporate Law, Excise, Finance, GST, Income Tax, Service Tax, Students, VAT
Answers Posted : 117
View more
4848
QUESTIONS
4692
ANSWERS
807
EXPERTS
2698
QUERIST