Case Law Details
Balgopal Merchants Private Limited Vs PCIT (Calcutta High Court)
The case of Balgopal Merchants Private Limited Vs PCIT before the Calcutta High Court revolves around the assessment year 2012-2013 and the taxation of share application money along with premium received by the assessee company. The appeal filed by the assessee challenges the order passed by the Income Tax Appellate Tribunal (ITAT), Kolkata, on several substantial questions of law.
The primary contention raised by the assessee includes whether the Tribunal had the authority to examine facts or issues not initially raised before the Assessing Officer, and whether it should have provided the appellant an opportunity to counter issues raised during the proceedings. Additionally, questions were raised regarding the genuineness of the share subscription transaction, the identity and creditworthiness of shareholders, and the valuation of shares based on future property use.
The case originated when the assessing officer, upon scrutiny, found discrepancies in the details provided by the assessee regarding the receipt of share application money and premium. The assessing officer issued summons under Section 131 of the Income Tax Act, which the directors of the assessee company failed to comply with adequately. Consequently, the assessing officer concluded that the identity, genuineness, and creditworthiness of the share applicant companies were not established.
The assessing officer raised doubts about the legitimacy of the transaction, suggesting it might be a facade for converting unaccounted money. This suspicion was based on the lack of clarity regarding the source of funds, the absence of due diligence, and the sudden incorporation of the company without a proven track record.
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