Sachdev Steel Pvt. Ltd. Vs ITO (ITAT Kolkata)
In the case of Sachdev Steel Pvt. Ltd. Vs ITO, the Income Tax Appellate Tribunal (ITAT) Kolkata dealt with an appeal filed by the assessee against an order dated January 20, 2023, from the National Faceless Appeal Centre. The appeal challenged the confirmation of an addition of Rs. 2,48,00,000 made by the Assessing Officer (AO), who had treated the share application money received by the assessee as unexplained income under Section 68 of the Income Tax Act.
Background
The Assessing Officer observed during the assessment proceedings that Sachdev Steel Pvt. Ltd. had received share application money from three parties:
– Bharat Bhushan Sachdev HUF: Rs. 30,00,000
– Shangrila Builders Pvt. Ltd.: Rs. 45,00,000
– Spoxy Vincom Pvt. Ltd.: Rs. 1,73,00,000
The total amount received was Rs. 2,48,00,000. The AO asked the assessee to explain the identity and creditworthiness of the creditors and the genuineness of the transactions. The assessee submitted that these parties were related to the company and that the amounts received were not fresh share applications but rather conversions of old outstanding loans into share application money. The loans were converted into shares to discharge old loan liabilities.
Assessing Officer’s Decision
