2016 (4) TMI 1412 - AT - Income Tax

Reopening of assessment u/s 147 - Addition u/s 68 - unexplained source of share application and share premium money - HELD THAT - We are of the view that the facts dealt in the case of M/s Pankaj Enka P. Ltd. vs. DCIT 2015 (5) TMI 1227 - ITAT AHMEDABAD are similar to the facts of the case of assessee, and therefore, in our opinion that assessee has been able to explain the source of share application and share premium money - Also we allow the grounds of assessee and quash the assessment framed u/s 143(3) r.w.s. 147. - Decided in favour of assessee.

Summary

Issues Involved:
1. Reopening of assessment by issuing notice under Section 148 of the Income Tax Act.
2. Addition of ?26,00,000 under Section 68 of the Income Tax Act on account of share application and share premium money.

Detailed Analysis:

1. Reopening of Assessment by Issuing Notice under Section 148 of the Act:

The assessee challenged the reopening of the assessment by the Assessing Officer (AO) via notice under Section 148. The AO issued the notice based on information from the Investigation Wing about suspicious transactions with companies run by Mukesh Choksi, which were involved in providing bogus entries. The AO believed that the share application money of ?26,00,000 received by the assessee from M/s Mihir Agency Pvt. Ltd. and M/s Buniyad Chemicals Pvt. Ltd. was part of these bogus transactions.

The Tribunal observed that the reasons recorded for reopening the assessment in the assessee's case were similar to those in another case, M/s Pankaj Enka Pvt. Ltd. vs. DCIT, where the reopening was quashed. The Tribunal noted that the AO acted on borrowed satisfaction from the Investigation Wing without independently applying his mind to the information received. The Tribunal followed the precedent set in the case of M/s Pankaj Enka Pvt. Ltd. and held that the reopening of the assessment was not justified.

2. Addition of ?26,00,000 under Section 68 of the Act:

The AO made an addition of ?26,00,000 to the assessee's income under Section 68, citing unexplained share application and share premium money. The AO based this on the information that the companies from which the money was received were involved in providing accommodation entries, as revealed in the search conducted on Mahasagar Securities Pvt. Ltd. and its related companies.

The assessee argued that all necessary details and documents proving the identity, creditworthiness, and genuineness of the transactions were provided. The assessee relied on the Supreme Court judgment in CIT vs. Lovely Exports Pvt. Ltd., which held that if the names of the share applicants are furnished, the amount cannot be regarded as the assessee's income.

The Tribunal noted that the assessee had submitted all relevant documents, including registration certificates, PAN details, income tax returns, financial statements, and bank statements of the companies involved. No specific defects were found in these documents. The Tribunal referred to its decision in the case of M/s Pankaj Enka Pvt. Ltd., where similar facts were adjudicated, and the addition was deleted. The Tribunal concluded that the assessee had satisfactorily explained the source of the share application and share premium money, and thus, the addition under Section 68 was deleted.

Conclusion:

The Tribunal allowed the assessee's appeal, quashing the reopening of the assessment and deleting the addition of ?26,00,000 made under Section 68. The Tribunal's decision was based on the lack of independent application of mind by the AO in reopening the assessment and the satisfactory explanation provided by the assessee for the share application and share premium money.