(Refer: CIT v. C.P.Sarathy Mudaliar

83 ITR 170Supreme Court of India1972#1812 most cited

What is (Refer: CIT v. C.P.Sarathy Mudaliar authority for?

For the purpose of deemed dividend under section 2(22)(e) of the Income-tax Act, the term 'shareholder' refers exclusively to a registered shareholder of the company, and not a beneficial owner or non-shareholder.

63

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2011 to 2025.

Also referred to as

C.P.Sarathy Mudaliar · CIT v. C.P.Sarathy Mudaliar · section 2(22)(e) · section 2(6A) · deemed dividend · shareholder definition · registered shareholder · beneficial owner · closely held company · non-shareholder

Sections most often in play

Section 2(22)(e)Section 143(3)Section 147Section 148Section 142(2A)Section 14ASection 40(a)(ia)Section 40A(2)(b)

Issues it is cited on

section 40(3)short deduction of tdsclosely held companyinterest on interestaccumulated profitsshort deduction of taxsection 2(22)deemed dividendsection 2(22)(e)related party transactionbeneficial ownersection 194j

Judgments citing (Refer: CIT v. C.P.Sarathy Mudaliar

DCIT CENTRAL CIRCLE-01, NEW DELHI vs. SAHARA INDIA COMMERCIAL CORPORATION LTD. , KOLKATA

In the result, appeal of the Revenue is dismissed and CO of the assessee is allowed

ITA 5793/DEL/2019[2016-17]Status: DisposedITAT Delhi23 Dec 2025AY 2016-17

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.1977/धिल्ली/2013(नि.व. 2009-10) Sahara India Commercial Corporation Ltd., Sahara India Sadan, 2A, Shakespeare Sarani, Kolkata 700071 ...... अपीलार्थी/Appellant Pan: Aadcs-6118-F बिाम Vs. Deputy Commissioner Of Income Tax, Central Circle-6, R. No. 334, E-2, Ara, ..... प्रनिवादी/Respondent Centre Jhandewalan Extn. New Delhi आअसं.4728, 2795, 4729, 4730 और 4731/धिल्ली/2017(नि.व. 2010-11 से 2014-15)

Section 142

…applied at the very threshold In this regard, reliance is placed on the following case laws wherein it was held that only a 'registered shareholder' of a company can be construed as a 'shareholder' of such company. (Refer: CIT v. C.P.Sarathy Mudaliar: (1972] 83 ITR 170 (SC), Rameshwarlal Sanwarmal v. CIT: 122 ITR 1 (SC)).Further, in line with the facts of the present case, reliance is placed on the decision of Hon'ble Delhi High Court in the case of CIT v. Ankitech (P.) Ltd.: 340 ITR 14 (Del.) where the Court was concerned with the application of second limb of section 2(22)(e) of the Act and was confronted with…

ACIT, CENTRAL CIRCLE- 1, NEW DELHI vs. SAHARA INDIA COMMERCIAL CORPORATION, KOLKATA

In the result, appeal of the Revenue is dismissed and CO of the assessee is allowed

ITA 2369/DEL/2018[2015-16]Status: DisposedITAT Delhi23 Dec 2025AY 2015-16

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.1977/धिल्ली/2013(नि.व. 2009-10) Sahara India Commercial Corporation Ltd., Sahara India Sadan, 2A, Shakespeare Sarani, Kolkata 700071 ...... अपीलार्थी/Appellant Pan: Aadcs-6118-F बिाम Vs. Deputy Commissioner Of Income Tax, Central Circle-6, R. No. 334, E-2, Ara, ..... प्रनिवादी/Respondent Centre Jhandewalan Extn. New Delhi आअसं.4728, 2795, 4729, 4730 और 4731/धिल्ली/2017(नि.व. 2010-11 से 2014-15)

Section 142

…applied at the very threshold In this regard, reliance is placed on the following case laws wherein it was held that only a 'registered shareholder' of a company can be construed as a 'shareholder' of such company. (Refer: CIT v. C.P.Sarathy Mudaliar: (1972] 83 ITR 170 (SC), Rameshwarlal Sanwarmal v. CIT: 122 ITR 1 (SC)).Further, in line with the facts of the present case, reliance is placed on the decision of Hon'ble Delhi High Court in the case of CIT v. Ankitech (P.) Ltd.: 340 ITR 14 (Del.) where the Court was concerned with the application of second limb of section 2(22)(e) of the Act and was confronted with…

SAHARA INDIA COMMERCIAL CORP. LTD.,KOLKATA vs. ACIT, CC- 1, NEW DELHI

In the result, appeal of the Revenue is dismissed and CO of the assessee is allowed

ITA 1893/DEL/2018[2015-16]Status: DisposedITAT Delhi23 Dec 2025AY 2015-16

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.1977/धिल्ली/2013(नि.व. 2009-10) Sahara India Commercial Corporation Ltd., Sahara India Sadan, 2A, Shakespeare Sarani, Kolkata 700071 ...... अपीलार्थी/Appellant Pan: Aadcs-6118-F बिाम Vs. Deputy Commissioner Of Income Tax, Central Circle-6, R. No. 334, E-2, Ara, ..... प्रनिवादी/Respondent Centre Jhandewalan Extn. New Delhi आअसं.4728, 2795, 4729, 4730 और 4731/धिल्ली/2017(नि.व. 2010-11 से 2014-15)

Section 142

…applied at the very threshold In this regard, reliance is placed on the following case laws wherein it was held that only a 'registered shareholder' of a company can be construed as a 'shareholder' of such company. (Refer: CIT v. C.P.Sarathy Mudaliar: (1972] 83 ITR 170 (SC), Rameshwarlal Sanwarmal v. CIT: 122 ITR 1 (SC)).Further, in line with the facts of the present case, reliance is placed on the decision of Hon'ble Delhi High Court in the case of CIT v. Ankitech (P.) Ltd.: 340 ITR 14 (Del.) where the Court was concerned with the application of second limb of section 2(22)(e) of the Act and was confronted with…

ACIT, CC- 1, NEW DELHI vs. SAHARA INDIA COMMERCIAL CORP. LTD., KOLKATA

In the result, appeal of the Revenue is dismissed and CO of the assessee is allowed

ITA 5534/DEL/2017[2014-15]Status: DisposedITAT Delhi23 Dec 2025AY 2014-15

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.1977/धिल्ली/2013(नि.व. 2009-10) Sahara India Commercial Corporation Ltd., Sahara India Sadan, 2A, Shakespeare Sarani, Kolkata 700071 ...... अपीलार्थी/Appellant Pan: Aadcs-6118-F बिाम Vs. Deputy Commissioner Of Income Tax, Central Circle-6, R. No. 334, E-2, Ara, ..... प्रनिवादी/Respondent Centre Jhandewalan Extn. New Delhi आअसं.4728, 2795, 4729, 4730 और 4731/धिल्ली/2017(नि.व. 2010-11 से 2014-15)

Section 142

…applied at the very threshold In this regard, reliance is placed on the following case laws wherein it was held that only a 'registered shareholder' of a company can be construed as a 'shareholder' of such company. (Refer: CIT v. C.P.Sarathy Mudaliar: (1972] 83 ITR 170 (SC), Rameshwarlal Sanwarmal v. CIT: 122 ITR 1 (SC)).Further, in line with the facts of the present case, reliance is placed on the decision of Hon'ble Delhi High Court in the case of CIT v. Ankitech (P.) Ltd.: 340 ITR 14 (Del.) where the Court was concerned with the application of second limb of section 2(22)(e) of the Act and was confronted with…

ACIT, CC- 1, NEW DELHI vs. SAHARA INDIA COMMERCIAL CORP. LTD., KOLKATA

In the result, appeal of the Revenue is dismissed and CO of the assessee is allowed

ITA 5505/DEL/2017[2013-2014]Status: DisposedITAT Delhi23 Dec 2025AY 2013-2014

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.1977/धिल्ली/2013(नि.व. 2009-10) Sahara India Commercial Corporation Ltd., Sahara India Sadan, 2A, Shakespeare Sarani, Kolkata 700071 ...... अपीलार्थी/Appellant Pan: Aadcs-6118-F बिाम Vs. Deputy Commissioner Of Income Tax, Central Circle-6, R. No. 334, E-2, Ara, ..... प्रनिवादी/Respondent Centre Jhandewalan Extn. New Delhi आअसं.4728, 2795, 4729, 4730 और 4731/धिल्ली/2017(नि.व. 2010-11 से 2014-15)

Section 142

…applied at the very threshold In this regard, reliance is placed on the following case laws wherein it was held that only a 'registered shareholder' of a company can be construed as a 'shareholder' of such company. (Refer: CIT v. C.P.Sarathy Mudaliar: (1972] 83 ITR 170 (SC), Rameshwarlal Sanwarmal v. CIT: 122 ITR 1 (SC)).Further, in line with the facts of the present case, reliance is placed on the decision of Hon'ble Delhi High Court in the case of CIT v. Ankitech (P.) Ltd.: 340 ITR 14 (Del.) where the Court was concerned with the application of second limb of section 2(22)(e) of the Act and was confronted with…

ACIT, CC- 1, NEW DELHI vs. SAHARA INDIA COMMERCIAL CORP. LTD., KOLKATA

In the result, appeal of the Revenue is dismissed and CO of the assessee is allowed

ITA 5504/DEL/2017[2012-13]Status: DisposedITAT Delhi23 Dec 2025AY 2012-13

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.1977/धिल्ली/2013(नि.व. 2009-10) Sahara India Commercial Corporation Ltd., Sahara India Sadan, 2A, Shakespeare Sarani, Kolkata 700071 ...... अपीलार्थी/Appellant Pan: Aadcs-6118-F बिाम Vs. Deputy Commissioner Of Income Tax, Central Circle-6, R. No. 334, E-2, Ara, ..... प्रनिवादी/Respondent Centre Jhandewalan Extn. New Delhi आअसं.4728, 2795, 4729, 4730 और 4731/धिल्ली/2017(नि.व. 2010-11 से 2014-15)

Section 142

…applied at the very threshold In this regard, reliance is placed on the following case laws wherein it was held that only a 'registered shareholder' of a company can be construed as a 'shareholder' of such company. (Refer: CIT v. C.P.Sarathy Mudaliar: (1972] 83 ITR 170 (SC), Rameshwarlal Sanwarmal v. CIT: 122 ITR 1 (SC)).Further, in line with the facts of the present case, reliance is placed on the decision of Hon'ble Delhi High Court in the case of CIT v. Ankitech (P.) Ltd.: 340 ITR 14 (Del.) where the Court was concerned with the application of second limb of section 2(22)(e) of the Act and was confronted with…

ACIT, CENTRAL CIRCLE-1, NEW DELHI vs. SAHARA INDIA COMMERCIAL CORP. LTD, LUCKNOW

In the result, appeal of the Revenue is dismissed and CO of the assessee is allowed

ITA 4855/DEL/2017[2010-11]Status: DisposedITAT Delhi23 Dec 2025AY 2010-11

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.1977/धिल्ली/2013(नि.व. 2009-10) Sahara India Commercial Corporation Ltd., Sahara India Sadan, 2A, Shakespeare Sarani, Kolkata 700071 ...... अपीलार्थी/Appellant Pan: Aadcs-6118-F बिाम Vs. Deputy Commissioner Of Income Tax, Central Circle-6, R. No. 334, E-2, Ara, ..... प्रनिवादी/Respondent Centre Jhandewalan Extn. New Delhi आअसं.4728, 2795, 4729, 4730 और 4731/धिल्ली/2017(नि.व. 2010-11 से 2014-15)

Section 142

…applied at the very threshold In this regard, reliance is placed on the following case laws wherein it was held that only a 'registered shareholder' of a company can be construed as a 'shareholder' of such company. (Refer: CIT v. C.P.Sarathy Mudaliar: (1972] 83 ITR 170 (SC), Rameshwarlal Sanwarmal v. CIT: 122 ITR 1 (SC)).Further, in line with the facts of the present case, reliance is placed on the decision of Hon'ble Delhi High Court in the case of CIT v. Ankitech (P.) Ltd.: 340 ITR 14 (Del.) where the Court was concerned with the application of second limb of section 2(22)(e) of the Act and was confronted with…

SAHARA INDIA COMMERCIAL CORP. LTD.,KOLKATA vs. ACIT, CC- 1, NEW DELHI

In the result, appeal of the Revenue is dismissed and CO of the assessee is allowed

ITA 4731/DEL/2017[2014-15]Status: DisposedITAT Delhi23 Dec 2025AY 2014-15

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.1977/धिल्ली/2013(नि.व. 2009-10) Sahara India Commercial Corporation Ltd., Sahara India Sadan, 2A, Shakespeare Sarani, Kolkata 700071 ...... अपीलार्थी/Appellant Pan: Aadcs-6118-F बिाम Vs. Deputy Commissioner Of Income Tax, Central Circle-6, R. No. 334, E-2, Ara, ..... प्रनिवादी/Respondent Centre Jhandewalan Extn. New Delhi आअसं.4728, 2795, 4729, 4730 और 4731/धिल्ली/2017(नि.व. 2010-11 से 2014-15)

Section 142

…applied at the very threshold In this regard, reliance is placed on the following case laws wherein it was held that only a 'registered shareholder' of a company can be construed as a 'shareholder' of such company. (Refer: CIT v. C.P.Sarathy Mudaliar: (1972] 83 ITR 170 (SC), Rameshwarlal Sanwarmal v. CIT: 122 ITR 1 (SC)).Further, in line with the facts of the present case, reliance is placed on the decision of Hon'ble Delhi High Court in the case of CIT v. Ankitech (P.) Ltd.: 340 ITR 14 (Del.) where the Court was concerned with the application of second limb of section 2(22)(e) of the Act and was confronted with…

SAHARA INDIA COMMERCIAL CORP. LTD.,KOLKATA vs. ACIT, CC- 1, NEW DELHI

In the result, appeal of the Revenue is dismissed and CO of the assessee is allowed

ITA 4730/DEL/2017[2013-14]Status: DisposedITAT Delhi23 Dec 2025AY 2013-14

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.1977/धिल्ली/2013(नि.व. 2009-10) Sahara India Commercial Corporation Ltd., Sahara India Sadan, 2A, Shakespeare Sarani, Kolkata 700071 ...... अपीलार्थी/Appellant Pan: Aadcs-6118-F बिाम Vs. Deputy Commissioner Of Income Tax, Central Circle-6, R. No. 334, E-2, Ara, ..... प्रनिवादी/Respondent Centre Jhandewalan Extn. New Delhi आअसं.4728, 2795, 4729, 4730 और 4731/धिल्ली/2017(नि.व. 2010-11 से 2014-15)

Section 142

…applied at the very threshold In this regard, reliance is placed on the following case laws wherein it was held that only a 'registered shareholder' of a company can be construed as a 'shareholder' of such company. (Refer: CIT v. C.P.Sarathy Mudaliar: (1972] 83 ITR 170 (SC), Rameshwarlal Sanwarmal v. CIT: 122 ITR 1 (SC)).Further, in line with the facts of the present case, reliance is placed on the decision of Hon'ble Delhi High Court in the case of CIT v. Ankitech (P.) Ltd.: 340 ITR 14 (Del.) where the Court was concerned with the application of second limb of section 2(22)(e) of the Act and was confronted with…

SAHARA INDIA COMMERCIAL CORP. LTD.,KOLKATA vs. ACIT, CC- 1, NEW DELHI

In the result, appeal of the Revenue is dismissed and CO of the assessee is allowed

ITA 4729/DEL/2017[2012-13]Status: DisposedITAT Delhi23 Dec 2025AY 2012-13

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.1977/धिल्ली/2013(नि.व. 2009-10) Sahara India Commercial Corporation Ltd., Sahara India Sadan, 2A, Shakespeare Sarani, Kolkata 700071 ...... अपीलार्थी/Appellant Pan: Aadcs-6118-F बिाम Vs. Deputy Commissioner Of Income Tax, Central Circle-6, R. No. 334, E-2, Ara, ..... प्रनिवादी/Respondent Centre Jhandewalan Extn. New Delhi आअसं.4728, 2795, 4729, 4730 और 4731/धिल्ली/2017(नि.व. 2010-11 से 2014-15)

Section 142

…applied at the very threshold In this regard, reliance is placed on the following case laws wherein it was held that only a 'registered shareholder' of a company can be construed as a 'shareholder' of such company. (Refer: CIT v. C.P.Sarathy Mudaliar: (1972] 83 ITR 170 (SC), Rameshwarlal Sanwarmal v. CIT: 122 ITR 1 (SC)).Further, in line with the facts of the present case, reliance is placed on the decision of Hon'ble Delhi High Court in the case of CIT v. Ankitech (P.) Ltd.: 340 ITR 14 (Del.) where the Court was concerned with the application of second limb of section 2(22)(e) of the Act and was confronted with…

SAHARA INDIA COMMERCIAL CORP. LTD.,KOLKATA vs. ACIT, CC- 1, NEW DELHI

In the result, appeal of the Revenue is dismissed and CO of the assessee is allowed

ITA 4728/DEL/2017[2010-11]Status: DisposedITAT Delhi23 Dec 2025AY 2010-11

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.1977/धिल्ली/2013(नि.व. 2009-10) Sahara India Commercial Corporation Ltd., Sahara India Sadan, 2A, Shakespeare Sarani, Kolkata 700071 ...... अपीलार्थी/Appellant Pan: Aadcs-6118-F बिाम Vs. Deputy Commissioner Of Income Tax, Central Circle-6, R. No. 334, E-2, Ara, ..... प्रनिवादी/Respondent Centre Jhandewalan Extn. New Delhi आअसं.4728, 2795, 4729, 4730 और 4731/धिल्ली/2017(नि.व. 2010-11 से 2014-15)

Section 142

…applied at the very threshold In this regard, reliance is placed on the following case laws wherein it was held that only a 'registered shareholder' of a company can be construed as a 'shareholder' of such company. (Refer: CIT v. C.P.Sarathy Mudaliar: (1972] 83 ITR 170 (SC), Rameshwarlal Sanwarmal v. CIT: 122 ITR 1 (SC)).Further, in line with the facts of the present case, reliance is placed on the decision of Hon'ble Delhi High Court in the case of CIT v. Ankitech (P.) Ltd.: 340 ITR 14 (Del.) where the Court was concerned with the application of second limb of section 2(22)(e) of the Act and was confronted with…

SAHARA INDIA COMMERCIAL CORPN. LTD.,KOLKATA vs. ACIT, NEW DELHI

In the result, appeal of the Revenue is dismissed and CO of the assessee is allowed

ITA 2795/DEL/2017[2011-12]Status: DisposedITAT Delhi23 Dec 2025AY 2011-12

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.1977/धिल्ली/2013(नि.व. 2009-10) Sahara India Commercial Corporation Ltd., Sahara India Sadan, 2A, Shakespeare Sarani, Kolkata 700071 ...... अपीलार्थी/Appellant Pan: Aadcs-6118-F बिाम Vs. Deputy Commissioner Of Income Tax, Central Circle-6, R. No. 334, E-2, Ara, ..... प्रनिवादी/Respondent Centre Jhandewalan Extn. New Delhi आअसं.4728, 2795, 4729, 4730 और 4731/धिल्ली/2017(नि.व. 2010-11 से 2014-15)

Section 142

…applied at the very threshold In this regard, reliance is placed on the following case laws wherein it was held that only a 'registered shareholder' of a company can be construed as a 'shareholder' of such company. (Refer: CIT v. C.P.Sarathy Mudaliar: (1972] 83 ITR 170 (SC), Rameshwarlal Sanwarmal v. CIT: 122 ITR 1 (SC)).Further, in line with the facts of the present case, reliance is placed on the decision of Hon'ble Delhi High Court in the case of CIT v. Ankitech (P.) Ltd.: 340 ITR 14 (Del.) where the Court was concerned with the application of second limb of section 2(22)(e) of the Act and was confronted with…

DCIT, NEW DELHI vs. M/S. SAHARA INDIA COMMERCIAL CORPORATION LTD., KOLKATA

In the result, appeal of the Revenue is dismissed and CO of the assessee is allowed

ITA 2620/DEL/2013[2009-10]Status: DisposedITAT Delhi23 Dec 2025AY 2009-10

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.1977/धिल्ली/2013(नि.व. 2009-10) Sahara India Commercial Corporation Ltd., Sahara India Sadan, 2A, Shakespeare Sarani, Kolkata 700071 ...... अपीलार्थी/Appellant Pan: Aadcs-6118-F बिाम Vs. Deputy Commissioner Of Income Tax, Central Circle-6, R. No. 334, E-2, Ara, ..... प्रनिवादी/Respondent Centre Jhandewalan Extn. New Delhi आअसं.4728, 2795, 4729, 4730 और 4731/धिल्ली/2017(नि.व. 2010-11 से 2014-15)

Section 142

…applied at the very threshold In this regard, reliance is placed on the following case laws wherein it was held that only a 'registered shareholder' of a company can be construed as a 'shareholder' of such company. (Refer: CIT v. C.P.Sarathy Mudaliar: (1972] 83 ITR 170 (SC), Rameshwarlal Sanwarmal v. CIT: 122 ITR 1 (SC)).Further, in line with the facts of the present case, reliance is placed on the decision of Hon'ble Delhi High Court in the case of CIT v. Ankitech (P.) Ltd.: 340 ITR 14 (Del.) where the Court was concerned with the application of second limb of section 2(22)(e) of the Act and was confronted with…

SAHARA INDIA,KOLKATA vs. DCIT, NEW DELHI

In the result, appeal of the Revenue is dismissed and CO of the assessee is allowed

ITA 1977/DEL/2013[2009-10]Status: DisposedITAT Delhi23 Dec 2025AY 2009-10

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.1977/धिल्ली/2013(नि.व. 2009-10) Sahara India Commercial Corporation Ltd., Sahara India Sadan, 2A, Shakespeare Sarani, Kolkata 700071 ...... अपीलार्थी/Appellant Pan: Aadcs-6118-F बिाम Vs. Deputy Commissioner Of Income Tax, Central Circle-6, R. No. 334, E-2, Ara, ..... प्रनिवादी/Respondent Centre Jhandewalan Extn. New Delhi आअसं.4728, 2795, 4729, 4730 और 4731/धिल्ली/2017(नि.व. 2010-11 से 2014-15)

Section 142

…applied at the very threshold In this regard, reliance is placed on the following case laws wherein it was held that only a 'registered shareholder' of a company can be construed as a 'shareholder' of such company. (Refer: CIT v. C.P.Sarathy Mudaliar: (1972] 83 ITR 170 (SC), Rameshwarlal Sanwarmal v. CIT: 122 ITR 1 (SC)).Further, in line with the facts of the present case, reliance is placed on the decision of Hon'ble Delhi High Court in the case of CIT v. Ankitech (P.) Ltd.: 340 ITR 14 (Del.) where the Court was concerned with the application of second limb of section 2(22)(e) of the Act and was confronted with…

CHETAN SETH,NEW DELHI vs. ITO,WARD-15(3), DELHI

ITA 1808/DEL/2023[2004-05]Status: DisposedITAT Delhi25 Jun 2025AY 2004-05

Bench: Shri Satbeer Singh Godara & Shri Brajesh Kumar Singh

Section 147Section 151Section 2(22)(e)

…t deemed dividend cannot be brought to tax in the hands of the non-shareholder. It was held by the Hon'ble court that "The liability of tax, shareholders, and not in the hands of the firm. “ Further, the Apex Court in the case of C. P. Sarathy Mudaliar (1972) 83 ITR 170 considering the provisions of section 2(6A) of the I. T. Act, 1922, which was synonymous to section 2(22)(e) of the current Act, held that shareholder in the context of deemed dividend referred to only registered shareholder. The above view was also confirmed by the Apex Court in the case of Rameshwarlal Sanwarmal vs. CIT (1980) 122 ITR 1/3 Taxman…

SHRI CHETAN SETH,NEW DELHI vs. ITO, NEW DELHI

ITA 2985/DEL/2015[2007-08]Status: DisposedITAT Delhi25 Jun 2025AY 2007-08

Bench: Shri Satbeer Singh Godara & Shri Brajesh Kumar Singh

Section 147Section 151Section 2(22)(e)

…t deemed dividend cannot be brought to tax in the hands of the non-shareholder. It was held by the Hon'ble court that "The liability of tax, shareholders, and not in the hands of the firm. “ Further, the Apex Court in the case of C. P. Sarathy Mudaliar (1972) 83 ITR 170 considering the provisions of section 2(6A) of the I. T. Act, 1922, which was synonymous to section 2(22)(e) of the current Act, held that shareholder in the context of deemed dividend referred to only registered shareholder. The above view was also confirmed by the Apex Court in the case of Rameshwarlal Sanwarmal vs. CIT (1980) 122 ITR 1/3 Taxman…

SHRI CHETAN SETH,NEW DELHI vs. ITO, NEW DELHI

ITA 2984/DEL/2015[2006-07]Status: DisposedITAT Delhi25 Jun 2025AY 2006-07

Bench: Shri Satbeer Singh Godara & Shri Brajesh Kumar Singh

Section 147Section 148Section 2Section 2(22)Section 2(22)(e)

…Delhi High Court in the case of CIT v. Raj Kumar (2009) 181 Taxman 155; The Hon'ble ITAT Mumbai Bench 'E' (Special Bench) in the case of ACIT v. M/s Bhaumik Çolour (P) Ltd. (2009) 27 SOT 270 and Hon'ble Apex Court in the case of C. P. Sarathy Mudallar (1972) 83 ITR 170 and Rameshwarlal Sanwarmal v. CIT (1980) 122 ITR 1/3 Taxman (AP). 12. 2. We agree with the above findings of the ld. CIT(A) in dismissing the legal grounds raised by the assessee before the Ld. CIT(A). Further, from the perusal of the reasons recorded by the Assessing Officer and the findings of the 1d. CIT(A)-XVIII, New Delhi, vide order dated 3…

SHRI CHETAN SETH,NEW DELHI vs. ITO, NEW DELHI

ITA 2983/DEL/2015[2005-06]Status: DisposedITAT Delhi25 Jun 2025AY 2005-06

Bench: Shri Satbeer Singh Godara & Shri Brajesh Kumar Singh

Section 147Section 151Section 2(22)(e)

…t deemed dividend cannot be brought to tax in the hands of the non-shareholder. It was held by the Hon'ble court that "The liability of tax, shareholders, and not in the hands of the firm. “ Further, the Apex Court in the case of C. P. Sarathy Mudaliar (1972) 83 ITR 170 considering the provisions of section 2(6A) of the I. T. Act, 1922, which was synonymous to section 2(22)(e) of the current Act, held that shareholder in the context of deemed dividend referred to only registered shareholder. The above view was also confirmed by the Apex Court in the case of Rameshwarlal Sanwarmal vs. CIT (1980) 122 ITR 1/3 Taxman…

M/S THANJAVUR COMMERECE PVT; LTD.,,NAGPUR vs. A,C.I.T CENT CIR. 1(2), NAGPUR

In the result, appeal by the assessee is allowed

ITA 182/NAG/2016[2011-12]Status: DisposedITAT Nagpur15 May 2025AY 2011-12

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri Sachin V. LuthraFor Respondent: Shri Harshad S. Vengurlekar
Section 132Section 139(1)Section 143(2)Section 144Section 154Section 2(22)(e)

…561. In the case of D.K.Jain Vs. State of Haryana (1995) suppl (1) SCC 349, the Hon'ble Supreme Court has held that a statutory fiction cannot be extended beyond the purpose. Similar view was taken by the apex court in the case of CIT Vs. C.P. Sarthy Mudaliar 83 ITR 170 and of kerela high Court and in the case of P.V. John 181 ITR 1. Thus, it clear that before the deeming provision of the Act is invoked, the purpose for enacting the section must be clear and borne in mind. However for invoking he provisions of section 2(22)(e) of the Act, the Department is required to establish that payment made by a company to t…

COBOL TECHNOLOGIES P.LTD,NEW DELHI vs. ACIT, CENTRAL CIRCLE-18, NEW DELHI

In the result, appeal of the Revenue is dismissed and CO of the assessee is allowed

ITA 5505/DEL/2018[2014-15]Status: DisposedITAT Delhi25 Apr 2025AY 2014-15

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.1977/धिल्ली/2013(नि.व. 2009-10) Sahara India Commercial Corporation Ltd., Sahara India Sadan, 2A, Shakespeare Sarani, Kolkata 700071 ...... अपीलार्थी/Appellant Pan: Aadcs-6118-F बिाम Vs. Deputy Commissioner Of Income Tax, Central Circle-6, R. No. 334, E-2, Ara, ..... प्रनिवादी/Respondent Centre Jhandewalan Extn. New Delhi आअसं.4728, 2795, 4729, 4730 और 4731/धिल्ली/2017(नि.व. 2010-11 से 2014-15)

Section 142

…applied at the very threshold In this regard, reliance is placed on the following case laws wherein it was held that only a 'registered shareholder' of a company can be construed as a 'shareholder' of such company. (Refer: CIT v. C.P.Sarathy Mudaliar: (1972] 83 ITR 170 (SC), Rameshwarlal Sanwarmal v. CIT: 122 ITR 1 (SC)).Further, in line with the facts of the present case, reliance is placed on the decision of Hon'ble Delhi High Court in the case of CIT v. Ankitech (P.) Ltd.: 340 ITR 14 (Del.) where the Court was concerned with the application of second limb of section 2(22)(e) of the Act and was confronted with…

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(Refer: CIT v. C.P.Sarathy Mudaliar (83 ITR 170) — Cited in 63 Judgments | BharatTax