2012 (6) TMI 895 - HC - Income Tax

Summary

Issues involved:
1. Deletion of addition of Rs. 95,22,350 in respect of increase in share capital.
2. Deletion of addition of Rs. 5,01,200 made under section 68 of the Act being unsecured loan from M/s. Sharthak Securities Ltd. and M/s. Ama Finvest Pvt. Ltd.

Deletion of addition of Rs. 95,22,350 in respect of increase in share capital:
The Tribunal's decision in CIT v. Lovely Exports Pvt. Ltd. established that if the identity of the shareholder is established, no addition can be made in the hands of the receiving company for share application money. The revenue can pursue proceedings against the investors. Thus, the first question raised by the revenue does not present a substantial question of law.

Deletion of addition of Rs. 5,01,200 under section 68 of the Act:
The Tribunal upheld the finding of the CIT(Appeals) regarding the addition made under section 68 of the Act. The Tribunal's order confirmed the CIT(Appeals) finding, leading to a conclusion of fact. Both questions raised by the revenue are settled by factual findings and do not raise any substantial question of law. Consequently, the Tax Appeal lacks merit and is dismissed.