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2020 (3) TMI 874 - AT - Income TaxAddition u/s 68 - Unexplained share capital - case of the assessee is that M/s. Seacom Merchants is assessed to tax and the very same amount has been brought to tax in the hands - HELD THAT - As decided in M/S. C.P RE-ROLLERS LTD. VERSUS D.C.I.T, CIR-1, DURGAPUR 2019 (4) TMI 557 - ITAT KOLKATA PAN details, bank account statements, audited financial statements, balance sheet, profit and loss account, Income Tax acknowledgments, and ROC statements etc were placed on AO's record. One of the directors of share applicant companies appeared before the AO in response to summon u/s 131 of the Act and explained the genuineness of three share applicants. Therefore, considering this factual position and precedents relied on the subject, as noted above, we delete the addition made by the assessing officer U/s 68 A share applicant company have been assessed to tax u/s 143(3) of the Act and the source of money in question was brought to tax in their hands, we uphold the order of the ld. CIT(A) that no additions can be made in the case of the assessee company's share applicant company have been assessed to tax u/s 143(3) of the Act and the source of money in question was brought to tax in their hands, we uphold the order of the ld. CIT(A) that no additions can be made in the case of the assessee company. - Decided in favour of assessee.
Issues Involved:
1. Whether the addition of ?20,00,000/- made under Section 68 of the Income Tax Act, 1961, in the hands of the assessee company, is justified when the same amount has already been taxed in the hands of M/s. Seacom Merchants. 2. Whether the identity, genuineness, and creditworthiness of the share applicants have been adequately established. Detailed Analysis: Issue 1: Addition of ?20,00,000/- Under Section 68 of the Act The primary issue revolves around the addition of ?20,00,000/- under Section 68 of the Income Tax Act, 1961, in the hands of the assessee company. The assessee contended that M/s. Seacom Merchants, which applied for shares amounting to ?20,00,000/-, is assessed to tax, and this amount has already been taxed as undisclosed income in the hands of M/s. Seacom Merchants for the same assessment year. The Tribunal referred to its previous judgments, including ITO vs. M/s. Happy Structure Pvt. Ltd., where it was held that if the share applicant companies have been taxed on the source of funds in their accounts, then an addition under Section 68 cannot be made again in the hands of the assessee company. The Tribunal also cited the case of DCIT vs. M/s. Maa Amba Towers Ltd., where it was held that the same amount cannot be added twice in the hands of both the payees and recipients under Section 68. The Tribunal reiterated that once the source of funds has been taxed in the hands of the share applicant companies, no further addition can be made in the hands of the assessee company. Issue 2: Identity, Genuineness, and Creditworthiness of Share Applicants The Tribunal examined whether the identity, genuineness, and creditworthiness of the share applicants were adequately established. The assessee provided substantial documentation, including income tax acknowledgments, directors' reports, audited financial statements, bank statements, share application forms, and board resolutions. The Tribunal emphasized that these documents sufficiently demonstrated the identity, genuineness, and creditworthiness of the share applicants. The Tribunal referred to several judgments, including the Hon’ble Supreme Court's decision in M/s Earth Metal Electricals P Ltd vs. CIT, where it was held that the shareholders were genuine and not fictitious. Additionally, the Tribunal cited the case of Pr. CIT Vs Paradise Inland Shipping (P) Ltd, where the Bombay High Court deleted similar additions on account of unexplained cash credits, and the SLP filed by the Revenue was dismissed by the Supreme Court. The Tribunal also noted that the share subscribing companies were duly assessed to income tax, and their income tax particulars, along with copies of respective income tax returns and balance sheets, were on record. The Tribunal concluded that the identity, creditworthiness, and genuineness of the share applicants were established beyond doubt. Conclusion: The Tribunal, applying the propositions of law laid down in the referred cases, upheld the order of the ld. CIT(A) and deleted the addition of ?20,00,000/- made under Section 68 of the Act. The appeal of the assessee was allowed, and it was concluded that no further disallowance is warranted in the hands of the assessee company once the income has already been taxed in the hands of the share applicant companies. Final Order: The addition of ?20,00,000/- made under Section 68 of the Act was deleted, and the appeal of the assessee was allowed. The Tribunal followed the view taken by the Co-ordinate Bench and concluded that the same amount cannot be taxed twice.
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