ITO Vs Indus Realty Pvt. Limited (ITAT Kolkata)
No section 68 addition merely for investment by Group Companies for losses incurred by Assessee
The Income Tax Appellate Tribunal (ITAT) in Kolkata recently ruled on a significant case involving the Revenue’s appeal against Indus Realty Pvt. Limited. The case, dated 25th March 2023, for the assessment year 2012-13, revolved around the addition of Rs. 3 crore under Section 68 of the Income Tax Act. The ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi, had earlier deleted this addition, prompting the Revenue to challenge the decision.
This article delves into the intricate details of the case, the arguments presented by both sides, and the Tribunal’s rationale for upholding the CIT(A)’s decision.
Background of the Case
Indus Realty Pvt. Limited filed its return of income on 25th September 2012, declaring a total income of NIL. During the scrutiny assessment, the Assessing Officer (AO) noticed that the company had received share application money, including a share premium of Rs. 3 crore from four group concerns. Notices under sections 143(2) and 142(1) were issued to the company, and the share applicants were summoned.
The directors of the subscriber companies appeared before the AO, submitting detailed documents to substantiate the transactions. Despite the submitted evidence, the AO treated the amount as unexplained cash credit under Section 68, primarily due to the high share premium and the assessee’s continuous losses.
