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Section 68 Additions Sustained Due to Unexplained Cash Withdrawals & Bogus Share Dealings

Case Law Details

TaxGuru Citation
2025 taxguru.in 11316
Case Name
Mayurpankh Vincom Pvt. Ltd Vs ITO (ITAT Kolkata)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2011-12
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Mayurpankh Vincom Pvt. Ltd Vs ITO (ITAT Kolkata)

Unexplained Cash Credits & Bogus Share Dealings — Kolkata ITAT Upholds 68 Additions in Mayurpankh Vincom Pvt Ltd Vs ITO; ITAT Upholds Section 68 Additions After Assessee Fails to Prove Identity and Creditworthiness; Additions Upheld as Assessee Fails to Establish Genuineness of Share Transactions; ITAT Confirms Section 68 Addition for Lack of Evidence Linking Credits to Genuine Business Transactions; Section 68 Addition Upheld as Assessee Fails Three Mandatory Tests: Identity, Creditworthiness, Genuineness; ITAT Rejects Assessee’s Claim After Bogus Creditor and Missing Documentation Exposed; Cash Credits Treated as Unexplained After Investigation Reveals Missing Vouchers and Cash Withdrawals; Tribunal Dismisses Appeal After Assessee Fails to Link Funds to Genuine Share Purchases.

In these connected appeals, the Assessee claimed to have received ₹4.56 crore from M/s Crown Commotrade Pvt Ltd &  argued that out of this, ₹48.72 lakh was adjusted against purchase of shares  . Ledger extracts   &  bank statements from Dhanalakshmi Bank    &  Bank of Maharashtra (pages 66–70) were relied upon. ITAT examined the bank statements   &  found that immediately upon receipt of funds, they were withdrawn in cash by individuals such as Shri Ashok Kayan &  Shri Abhishek Bose, whose names do not appear anywhere in the balance sheet . No explanation was given for these withdrawals, no vouchers were produced, &  the flow of funds between the two bank accounts was not demonstrated.

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,283

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