2010 (8) TMI 1135 - HC - Income Tax

Summary

Issues involved:
The judgment deals with the issue of deletion of addition of Rs. 50,00,000 made u/s 68 of the Income Tax Act in the assessment year 1986-87 for a Public Limited Company.

Summary:

1. Substantial Question of Law:
The Court admitted the appeal and framed the substantial question of law regarding the deletion of the addition of Rs. 50,00,000 made u/s 68 of the Income Tax Act.

2. Background:
The assessee, a Public Limited Company, incorporated in 1984, faced a search action under section 132 of the Income Tax Act in 1988. It was found that share capital funds were deposited by few persons, leading to suspicions of bogus shareholding.

3. Reassessment Proceedings:
In the reassessment, the Assessing Officer called for details related to share capital funds, share holders, and contributions by promoters/directors. Summonses were issued to alleged share applicants, revealing discrepancies and denials regarding investments and share applications.

4. Addition of Unexplained Investment:
The Assessing Officer concluded that the share application funds were unexplained income from undisclosed sources and treated the entire amount of Rs. 50,00,000 as unexplained investment. This decision was upheld by the Commissioner (Appeals).

5. Tribunal's Findings:
The Tribunal found that the source of funds for share capital was traced to specific persons, not the company itself. Majority of alleged shareholders denied investing, but the source of funds was linked to certain individuals, justifying the deletion of the addition u/s 68.

6. Conclusion:
The Tribunal's decision was based on the fact that the funds did not originate from the company, and the source was identified as specific persons. Citing the Supreme Court's ruling, the Tribunal held that the addition u/s 68 was unwarranted, leading to the dismissal of the appeal in favor of the assessee.

7. Final Decision:
The Tribunal's order was upheld, and the appeal was dismissed with no costs, as there was no infirmity in the Tribunal's decision to delete the addition of Rs. 50,00,000 made u/s 68 of the Income Tax Act.