DIPTIBEN ROHITBHAI PATEL,AHMEDABAD V. THE DY.CIT, CIRCLE-4(1)(1), AHMEDABAD

ITA 2186/AHD/2025

AI Insights

The case involves an appeal by Diptiben Rohitbhai Patel against the order of the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre, Delhi, which pertained to the Assessment Year 2014-15. The primary contention was the addition of Rs. 65,01,053 as deemed dividend under section 2(22)(e) of the Income Tax Act, based on an alleged 24.02% shareholding in a company. The appellant contested this figure, providing evidence of a 9.3% shareholding as of March 25, 2013, supported by official documents filed with the Registrar of Companies. The Tribunal, after reviewing the submissions and evidence, concluded that the appellant's shareholding was indeed less than 10%, and thus, the provisions of section 2(22)(e) were not applicable.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 848028 (ITAT-AHMEDABAD)
• Duration Of Justice: 4 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-03-2026
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: Ahmedabad
• Assessment Year: 2014-2015
• Appeal Filed On: 19-11-2025
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VEERABADRAM VISLAVATH
• Assessee Lawyers: TUSHAR HEMANI; KUSHAL FOFARIA
• Keywords: Deemed dividend; Principle of natural justice
• Section: 2(22)(e)

Judgement Text

"THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD “A” BENCH Before Dr. BRR Kumar, Vice President And Ms. Suchitra Kamble, Judicial Member Diptiben Rohitbhai Patel, 17, Achalayatan Society, Nr. Memnagar Fire Station, Navrangpura, Ahmedabad PAN: AGMPP9563B (Appellant) Vs The Dy. CIT, Circle-4(1)(1), Aayakar Bhawan (Vejalpur), Nr. Sachin Tower, 100 Foot Road, Anandnagar- Prahladnagar Road, Ahmedabad (Respondent) Assessee by: Shri Tushar Hemani, Sr. Advocate & Shri Kushal Fofaria, A.R. Revenue by: Shri Veerabadram Vislavath, Sr. D.R. Date of hearing : 25-03-2026 Date of pronouncement : 27-03-2026 आदेश/ORDER PER DR. BRR KUMAR, VICE PRESIDENT: This appeal is filed by the assessee against the appellate order dated 17.09.2025 passed by the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre, Delhi, relating to the Assessment Year 2014- 15. ITA No. 2186/Ahd/2025 Assessment Year 2014-15 Printed from counselvise.com I.T.A No. 2186/Ahd/2025 Diptiben Rohitbhai Patel, A.Y. 2014-15 2 2. The grounds of appeal are as under:- 1. The Ld. AO has erred in law and on facts in adding sum of Rs. 65,01,053/- as deemed dividend u/s 2(22)(e) of the Act. 2. Both the lower authorities have passed the orders without properly appreciating the facts and they further erred in grossly ignoring various submissions, explanations and information submitted by the appellant from time to time which ought to have been considered before passing the impugned order. This action of the lower authorities is in clear breach of law and Principles of Natural Justice and therefore deserves to be quashed. 3. The Assessing Officer made addition of Rs. 65,01,053/- being the reserve and surplus available under Section 2(22)(e) on the assumption that the assessee has 24.02% shareholding in the company. Before us, it was argued that the share holding of the assessee on 25-03- 2013 was 9.3% not 24.02%. The Ld. AR has submitted the share approval Form and Form 20B dated 30-09-2013 filed before the ROC reflecting the facts. Considering these facts, we hold that the provisions of section 2(22)(e) are not attracted as the assessee is having shareholding less than 10% in the company. 4. In the result, the appeal of the assessee is allowed. Order pronounced in the open court on 27-03-2026 Sd/- Sd/- (SUCHITRA KAMBLE) (DR. BRR KUMAR) JUDICIAL MEMBER VICE PRESIDENT Ahmedabad : Dated 27/03/2026 a.k. Printed from counselvise.com I.T.A No. 2186/Ahd/2025 Diptiben Rohitbhai Patel, A.Y. 2014-15 3 आदेश क\u0007 \b त ल प अ\u0010े षत / Copy of Order Forwarded to:- 1. Assessee 2. Revenue 3. Concerned CIT 4. CIT (A) 5. DR, ITAT, Ahmedabad 6. Guard file. By order/आदेश से, उप/सहायक पंजीकार आयकर अपील\u0012य अ\u0013धकरण, अहमदाबाद Printed from counselvise.com "