Assessee has placed sufficient documents and materials on record to prove identity and creditworthiness of shareholders and genuineness of transaction of receiving share capital and share premium, invoking provisions of Section 68 of was not justified
Where it has been sufficiently established that share applicants had substantial creditworthiness and investments had been made by assessee’s own sister concern/group companies having mostly common directors and thus, establishing creditworthiness and genuinity of investments, additions under section 68 had been rightly been deleted.
Once source of funds is taxed in the hands of share applicant companies, it cannot be added as unexplained income in the hands of assessee company.
Explore the full text and detailed analysis of Shah Tracom Pvt. Ltd. Vs ITO case from ITAT Kolkata. Understand the implications, legal arguments, and outcomes in tax assessment disputes.
Explore ITAT Kolkata’s ruling on no addition for share capital & premium from group companies with common directors/shareholders. Detailed analysis & conclusion
ITAT Kolkata’s order in ITO Vs Indus Realty Pvt. Limited – Mere suspicion or disbelief on the part of Assessing Officer is insufficient to justify additions under Section 68. The identity, creditworthiness, and genuineness of transactions must be thoroughly evaluated and substantiated with concrete evidence.
Explore the detailed analysis of the ITO vs. RKB Services Pvt. Ltd. case by ITAT Kolkata. Learn about the implications for share capital additions under Section 68 of the Income Tax Act.
Mere reliance on statements without corroborative evidence and denying cross-examination rights cannot justify additions for share capital and share premium under Section 68
Read about Wisley Real Estate Pvt. Ltd Vs ITAT Kolkata. Detailed analysis of the case where creditworthiness of share subscribers was proven, resulting in deletion of Rs. 1,76,87,500/- addition under section 68 of IT Act.
ITAT Kolkata grants exemption registration to Income Tax Bar Association Calcutta, overturning CIT’s decision. Read the full details of the tribunal’s order here.
