ACIT, LUCKNOW vs. SAHARA INDIA LTD.,, LUCKNOW

ITA 45/LKW/2006Status: DisposedITAT Delhi10 February 2026AY 1997-98Bench: SHRI SATBEER SINGH GODARA (Judicial Member), SHRI NAVEEN CHANDRA (Accountant Member)1 pages
AI SummaryAllowed/Dismissed

What did the Tribunal hold?

The Tribunal held that Section 2(22)(e) could not be invoked as the assessee was not a common shareholder to the specified extent. For administrative and processing charges, the Tribunal upheld the CIT(A)'s deletion based on prior judicial consistency. Revenue's appeals were dismissed for certain AYs due to low tax effect as per CBDT circular.

What were the facts?

The appeals pertain to Sahara India Limited and involve several assessment years from 1996-97 to 2003-04. The core issues revolve around the disallowance of administrative and processing charges, deemed dividend additions under Section 2(22)(e) of the Income Tax Act, and advertisement and publicity expenses.

What were the issues?

Whether the disallowances for administrative charges, deemed dividend additions under Section 2(22)(e), and advertisement expenses were justified, and if the Revenue's appeals should be considered based on tax effect.

Which sections of the Income-tax Act were involved?

Section 2(22)(e),Section 37

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Cases cited in this judgment(2)Show list

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Income Tax Appellate Tribunal, DELHI BENCH: “F” NEW DELHI

Before: SHRI SATBEER SINGH GODARA & SHRI NAVEEN CHANDRA

For Appellant: CA Sh. Sarvesh Srivastava, Advocate
For Respondent: Ms. Monika Singh, CIT(DR)
Hearing: 10.02.2026Pronounced: 10.02.2026

Heard together (9 matters)

ITA No.45/Lkw/2006
C.O. No.36/Lkw/2006
ITA No.46/Lkw/2006
C.O. No.37/Lkw/2006
ITA No.78/Lkw/2006
C.O. No.39/Lkw/2006
ITA No.127/Lkw/2006
C.O. No.40/Lkw/2006
ITA No.898/Lkw/2005

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