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2017 (3) TMI 1308 - AT - Income TaxAddition u/s 68 - Held that - The assessee has fully proved its burden and discharged the onus upon the Department, however, no contrary evidence was shown by the AO which will prove that the transactions were not genuine, therefore, the addition made by the AO and confirmed by the Ld. CIT(A) is totally unwarranted and the same needs to be deleted. Accordingly, we delete the addition in dispute and allow this ground of appeal of the assessee.
Issues Involved:
1. Assessment of income at ?65,27,640 against the declared ?33,23,900. 2. Addition of amounts received from three entities as undisclosed income under Section 68 of the Income Tax Act, 1961. 3. Discharge of onus by the assessee to establish the identity and creditworthiness of shareholders and genuineness of transactions. 4. Incorrectness of the addition in view of various judicial precedents. 5. Procedural fairness and opportunity provided to the assessee to defend its case. Detailed Analysis: Issue 1: Assessment of Income The Assessing Officer (AO) assessed the income of the assessee company at ?65,27,640 against the declared income of ?33,23,900. The addition of ?32,03,740 was contested by the assessee as being made on "wholly illegal and frivolous grounds, untenable in law." Issue 2: Addition of Amounts as Undisclosed Income The AO added amounts received from three entities towards share capital as undisclosed income under Section 68 of the Income Tax Act, 1961: - ?10,25,000 from M/s Galaxy Cornmonsales Pvt Ltd. - ?6,50,000 from M/s Umapati Vinmay Pvt Ltd. - ?15,00,000 from Sh Kunal Shikarpuri. The assessee argued that the addition was incorrect and prayed for its deletion. Issue 3: Discharge of Onus The assessee claimed to have discharged the onus cast upon it by law to establish the identity and creditworthiness of the shareholders and the genuineness of the transactions. The AO's addition under Section 68 was deemed illegal and without jurisdiction by the assessee. Issue 4: Judicial Precedents The assessee cited several judicial precedents to argue that the addition was incorrect: - CIT vs Lovely Exports (P) Ltd.: Held that where share application money is received from alleged bogus shareholders, the Revenue should reopen the assessments of such shareholders. - CIT Vs. Sophia Finance Ltd.: Held that no further enquiry is needed if the shareholders exist. - CIT Vs. M/s Creative World Telefilms Ltd.: Held that no addition can be made if the assessee provides sufficient details and the AO fails to make proper investigation. - Madhuri Investments Pvt. Ltd. Vs. ACIT: Held that addition based on non-appearance of share applicants is incorrect. - CIT Vs. AKJ Granites (P) Ltd.: Held that no presumption can be drawn that share application money belongs to the assessee. Issue 5: Procedural Fairness The assessee argued that the AO made the addition on mere surmise and conjecture, without providing a reasonable opportunity for the assessee to defend its case, rendering the assessment bad in law. Tribunal's Findings: - The Tribunal found that the assessee had filed all necessary documentary evidence before the AO and CIT(A) to substantiate its claim. - The AO did not dispute the correctness of the documents or make any adverse comments. - There was no adverse information from the Investigation Wing or any other agency. - The assessee established identity, source, and genuineness of the share capital. - The Tribunal noted that the AO did not conduct any deeper investigation or verification. - The Tribunal cited several judicial precedents supporting the assessee's position and concluded that the assessee had discharged its burden of proof. Conclusion: The Tribunal held that the addition made by the AO and confirmed by the CIT(A) was unwarranted and needed to be deleted. The appeal filed by the assessee was allowed, and the addition in dispute was deleted. Order Pronounced: The order was pronounced in the Open Court on 22/3/2017.
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