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Issues Involved:
1. Legality of the addition of Rs. 58,38,000 on a protective basis out of the share capital of the appellant-company. 2. Legality of the addition of Rs. 22,40,500 on a substantive basis out of the share capital of the appellant-company. 3. Application of provisions of Chapter XIV-B of the IT Act. 4. Determination of total tax payable by the appellant including surcharge. Detailed Analysis: 1. Legality of the Addition of Rs. 58,38,000 on a Protective Basis: The appellant contested the addition of Rs. 58,38,000 made on a protective basis out of the share capital subscribed and paid up by corporate shareholders. The AO had doubted the identity and genuineness of the transactions and the capacity of the companies to invest. The appellant, however, provided substantial evidence, including PAN cards, assessment particulars, balance sheets, returns, and bank statements, to prove the identity and genuineness of the investments. The Tribunal agreed with the appellant, noting that the AO had not disputed the existence of the companies as assessees and that their investments were recorded in their account books before the date of the search. The Tribunal also referenced the Delhi High Court judgment in the case of Sophia Finance Ltd., which stated that only the identity of the subscribers needed to be proved. Consequently, the Tribunal deleted the addition of Rs. 58,38,000. 2. Legality of the Addition of Rs. 22,40,500 on a Substantive Basis: The appellant also contested the addition of Rs. 22,40,500 out of the share capital subscribed by individual shareholders. The AO had accepted the identity of nine shareholders but doubted the remaining shareholders' identity due to their non-appearance. The appellant provided extensive documentary evidence, including PAN cards, ration cards, election cards, driving licenses, assessment particulars, balance sheets, returns, and bank statements, to prove the identity and genuineness of the investments. The Tribunal found that the AO had not disproved this evidence and had failed to show that the amount represented undisclosed income. The Tribunal referenced the Supreme Court judgment in the case of Orissa Corporation Ltd., which held that the assessee had discharged its burden by providing the names and addresses of the alleged creditors. The Tribunal also noted that the share capital was recorded in the account books of the individual shareholders before the date of the search. Consequently, the Tribunal deleted the addition of Rs. 22,40,500. 3. Application of Provisions of Chapter XIV-B of the IT Act: The Tribunal found that the provisions of Chapter XIV-B of the IT Act were not applicable to the facts of the case. The investments by the corporate and individual shareholders were recorded in their respective account books before the date of the search, and there was no material found during the search to suggest that the appellant-company had made its own investment in the form of share capital of the shareholders. The Tribunal concluded that the AO had failed to prove that the additions represented undisclosed income of the appellant-company. 4. Determination of Total Tax Payable Including Surcharge: The appellant contested the determination of total tax payable, including the surcharge levied on the protective addition of Rs. 58,38,000. The Tribunal, having deleted the additions on both protective and substantive bases, implicitly addressed the issue of tax determination. The Tribunal's decision to delete the additions meant that the tax and surcharge determined by the AO were no longer applicable. Conclusion: The Tribunal allowed the appeal, deleting the additions of Rs. 58,38,000 on a protective basis and Rs. 22,40,500 on a substantive basis, and concluded that the provisions of Chapter XIV-B of the IT Act were not applicable. The Tribunal's decision was based on the substantial documentary evidence provided by the appellant, which proved the identity and genuineness of the investments made by both corporate and individual shareholders.
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