This is premium content. Please become a Premium member. If you are already a member, login here to access the full content.
Sec. 68 addition of share application money cannot be made if assessee explains nature & source of credit
Case Law Details
- Case Name
- ITO Vs M/s. Panchsheel Commotrade Pvt. Ltd. (ITAT Kolkata)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2012-13
- Courts
- All ITAT, ITAT Kolkata
Upgrade to Basic or Premium to download.
Already Upgraded? Log in.
ITO Vs M/s. Panchsheel Commotrade Pvt. Ltd. (ITAT Kolkata)
Conclusion:
Since all the three conditions as required u/s. 68 i.e. the identity, creditworthiness and genuineness of the transaction was satisfied by assessee and the onus shifted to AO to disprove the materials placed before him, therefore, without doing so, the addition made by AO based on conjectures and surmises could not be justified.
Held:
AO opined that the equity share capital money of Rs. 2,92,00,000/- was unexplained cash credit u/s 68 and the same was to be added to the income of assessee because no directors of assessee-...
