2008 (12) TMI 7 - HC - Income Tax

Addition had been made u/s 68 on account of the share application money received by the assessee company - assessee had discharged the onus of establishing the identity of each of the subscribers - it is also a fact that they have shown the said amounts in their audited balance sheets and have also filed returns before the Income Tax Authorities - Tribunal rightly reversed the findings of the authorities below and deleted the addition - revenue s appeal is dismissed

Summary

Issues:
1. Addition under Section 68 of the Income Tax Act, 1961 for share application money received.

Analysis:
The High Court judgment pertains to an appeal against an order concerning the addition of Rs. 20,50,000 under Section 68 of the Income Tax Act, 1961, for share application money received. The Tribunal reversed the addition, stating that the assessee had proven the identity, creditworthiness, and genuineness of the share contributors. The subscribers had bank accounts, issued account payee cheques, and reflected the investments in their balance sheets. The Tribunal emphasized that the assessee had discharged the burden of proof regarding the share application money.

The Tribunal referenced the case of CIT v. Divine Leasing and Finance Ltd, highlighting the requirements under Section 68 of the Act. The Tribunal found that the assessee had fulfilled these requirements by providing necessary details and documentation. The Tribunal emphasized that the Department couldn't draw adverse inferences solely based on initial non-responsiveness of the subscribers to summons. The Tribunal concluded that the assessee had adequately proven the creditworthiness and genuineness of the share contributions, aligning with the principles outlined in Divine Leasing and Finance Ltd.

The appellant sought to rely on the Full Bench decision in CIT v. Sophia Finance Ltd., arguing that the Income Tax Officer could inquire about the nature and source of share application money. However, the Court found that the Tribunal's decision aligned with the facts of the case. The Court also cited the Supreme Court's decision in CIT v. Lovely Exports (P) Ltd, which dismissed a Special Leave Petition related to Divine Leasing and Finance Ltd. The Supreme Court emphasized that if share application money is received from alleged bogus shareholders, individual assessments could be reopened. Ultimately, the Court upheld the Tribunal's decision, dismissing the appeal against the addition under Section 68 of the Income Tax Act, 1961.