When the assessee successfully explains the source of share application money, the additions made u/s 68 are not sustainable

ACIT Vs H.K. Imp ex Pvt. Ltd. (ITAT Mumbai)- The dispute is regarding addition of Rs. 4.85 crores being the share application money invested by the two directors who were holding 50% share in the company. We find from the records that the assessee vide letter dated 17.9.09 addressed to AO had given full details such as name, address, PAN of the two directors. The source of the money had been explained as the money withdrawn from the capital account in the firm M/s. S.G. Enterprises.

The assessee had also fil

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