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Addition u/s 68 cannot be made merely because investment was considerably large
Case Law Details
- Case Name
- PCIT Vs Aditya Birla Telecom Ltd (Bombay High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2009-10
- Courts
- All High Courts, Bombay High Court
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PCIT Vs Aditya Birla Telecom Ltd (Bombay High Court)
Conclusion: Addition under section 68 on account of bogus share capital merely because the investment was considerably large and several corporate structures were either created or came into play in routing the investment in assessee through a Mauritius entity would not be justified to establish a sham transaction or colourable device. Moreso, assessee could not be asked to prove the source of source.
Held: Assessee-company was engaged in providing telecommunication services and had issued 19,25,000 preference shares, each of the face valu...




