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2019 (3) TMI 695 - ITAT DELHIAddition u/s 68 - increase in share capital including share premium during the year under consideration - no evidences with regard to creditworthiness or genuineness of the transaction established by the assessee - 10 share applicant companies to whom the notices issued, neither appeared on the stipulated date nor a request for adjournment was filed by those companies - AO also recorded the statement of one Sh Surinder Kumar Arora at the address of M/s Karisma Industry Limited, who stated that said company didn’t exist - onus to prove - CIT-A deleted the addition - HELD THAT:- As respectfully following the decision of NRA Iron & Steel P. Ltd. [2019 (3) TMI 323 - SUPREME COURT] and NDR Promoters Pvt. Ltd. [2019 (1) TMI 1089 - DELHI HIGH COURT] we are of the opinion that share applicant entities are paper entities created by some individuals for providing entries to the persons including the assessee, not having tax paid capital for promoting their ventures. As the entries of credit are appearing in the books of the assessee, it was the onus of the assessee to explain satisfactorily the nature and source of those credits. As the assessee failed to discharge its onus of explaining source and nature of the credit received and failed to establish creditworthiness and genuineness of the transaction as required u/s 68 of the Act, the assessee is liable for addition under section 68 of the Act. Accordingly, we reverse the finding of the Ld. CIT(A) on the issue in dispute and confirm the addition in the hands of the assessee in terms of section 68 - Decided in favour of revenue.
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