2025 (2) TMI 529 - AT - Income Tax

Addition u/s 68 - share capital received from the shareholders whose nature and source have been not explained - HELD THAT - As per the provisions of section 68 of the Act where any sum found credited in the books of assessee maintained for any previous year and the assessee offered no explanation about the nature and source thereof or the explanation offered by him is not in the opinion of the AO is satisfied the sum so credited may be charged to income-tax. In the given case the assessee has received the cash during the previous assessment year and the same was credited in the previous assessment year therefore no addition can be made during the current assessment year under consideration based on the allotment of shares. Accordingly the appeal filed by the assessee is allowed. With regard to AY 2017-18 we observed that assessee has issued fresh shares of 1, 50, 000 shares to Acquatic Exim Pvt. Ltd. at the same rate as issued to the existing shareholders. The assessee also submitted the confirmation audited Balance Sheet of Acquatic Exim Pvt. Ltd. which is placed on record. From the record we observed that Acquatic Exim Pvt. Ltd. is having revenue from operation of Rs. 15, 49, 75, 300/- and having trading activities and declared a profit of Rs. 1, 43, 641.80. At the same time we also observed that they have sufficient shareholders found. Therefore we are inclined to allow the grounds raised by the assessee for the reason that the shares were issued at premium at the same rate which was issued to the existing shareholders. Assessee has submitted the valuation report under Rule 11UA of the Income-tax Rules 1962. Therefore the assessee has subtitled all the conditions specified u/s 68 of the Act. Accordingly the appeal filed by the assessee is allowed.

Summary

ISSUES PRESENTED and CONSIDERED

The primary issues considered in the appeals were:

1. Whether the addition of share capital received by the assessee under Section 68 of the Income-tax Act, 1961, was justified, given that the assessee claimed to have explained the nature and source of the funds.

2. Whether the share capital and share premium received in previous years could be added to the income for the assessment year in question.

3. Whether the non-production of investors before the Assessing Officer justified sustaining the addition under Section 68.

4. Whether the rejection of additional evidence under Rule 46A was appropriate.

5. Whether the valuation of shares was conducted as per the prescribed methods under Rule 11UA(2)(b) of the Income Tax Rules, 1962.

ISSUE-WISE DETAILED ANALYSIS

1. Addition under Section 68 of the Income-tax Act, 1961

The legal framework under Section 68 requires the assessee to explain the nature and source of any sum credited in the books. The court examined whether the assessee had discharged this burden by providing requisite documents such as incorporation certificates, MOA/AOA, auditor's reports, and confirmations from investor companies.

The Tribunal observed that the assessee had submitted sufficient evidence to establish the identity, creditworthiness, and genuineness of the transactions. It noted that the Assessing Officer failed to bring any contrary evidence to disprove the documents furnished. Therefore, the Tribunal concluded that the addition under Section 68 was not justified.

2. Share Capital and Share Premium from Previous Years

The Tribunal considered whether amounts received in previous years could be added in the current assessment year. It referred to precedents where additions under Section 68 could not be made for opening balances or amounts received in prior years.

The Tribunal found that Rs. 18,00,000/- received in previous years was erroneously added in the current assessment year. It relied on judicial precedents, including the cases of Naveen Aggarwal and CIT vs. Vardhman Overseas Ltd., to conclude that such additions were not permissible.

3. Non-Production of Investors

The Tribunal addressed the issue of whether the assessee's failure to produce investors justified the addition. It noted that the assessee had provided comprehensive documentary evidence to establish the investors' identity, creditworthiness, and transaction genuineness.

The Tribunal concluded that the non-production of investors alone, without any contradictory evidence from the Assessing Officer, was insufficient to sustain the addition under Section 68.

4. Rejection of Additional Evidence under Rule 46A

The Tribunal reviewed the rejection of additional evidence by the CIT (A) under Rule 46A. It observed that the evidence submitted during the appellate proceedings was the same as that provided during the assessment stage.

The Tribunal found that the rejection was unjustified, especially given the technical glitches in the e-filing portal that may have prevented proper submission of documents initially.

5. Valuation of Shares

The Tribunal evaluated whether the valuation of shares was conducted according to the prescribed methods under Rule 11UA(2)(b). The assessee had submitted a valuation report using the Discounted Cash Flow Method, a method recognized under the rules.

The Tribunal accepted the valuation report and found that the conditions under Section 68 were satisfied, thus negating the basis for the addition.

SIGNIFICANT HOLDINGS

The Tribunal held that the assessee had satisfactorily discharged the burden of proof required under Section 68 by providing adequate documentation. It emphasized that the non-production of investors and rejection of additional evidence were not sufficient grounds for sustaining the addition.

Key principles established include:

- Additions under Section 68 cannot be made for amounts received in previous years.

- The burden of proof shifts to the revenue authorities once the assessee provides sufficient evidence.

- Technical issues in document submission should not prejudice the assessee's case.

In conclusion, the Tribunal allowed the appeals for both assessment years, directing the deletion of additions made by the Assessing Officer and sustained by the CIT (A).