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2025 (4) TMI 27 - AT - Income TaxAddition on account of share capital / share premium being unexplained credit u/s 68 - CIT(A) deleted addition - HELD THAT - Assessee has furnished all the evidences proving identity and creditworthiness of the investors and genuineness of the transactions and the AO has not drawn any adverse inference in the remand proceedings. No reason of interference in the appellate order which is a very reasoned and speaking order passed after taking into account all the facts and ratio laid in various decisions discussed by the ld CIT(A). The decision relied by the revenue in the case of BST Infratech Ltd. 2024 (4) TMI 989 - CALCUTTA HIGH COURT is distinguishable on fact and is not applicable to the present case. We are therefore inclined to uphold the order of Ld. CIT(A) by dismissing the appeal of the revenue.
ISSUES PRESENTED and CONSIDERED
The primary issue considered by the Tribunal was whether the deletion of the addition of Rs. 25,56,00,000/- made by the Assessing Officer (AO) under Section 68 of the Income Tax Act, 1961, on account of unexplained share capital/share premium, was justified. The Tribunal also examined whether the assessee had adequately demonstrated the identity, creditworthiness of the investors, and the genuineness of the transactions. ISSUE-WISE DETAILED ANALYSIS Relevant Legal Framework and Precedents Section 68 of the Income Tax Act requires the assessee to explain the nature and source of any sum credited in the books of accounts, failing which it may be treated as income. The proviso to Section 68, introduced from AY 2013-14, requires the assessee to prove the source of the source of funds. However, this was not applicable for the assessment year in question (2008-09). The Tribunal referenced several judicial precedents, including decisions from the ITAT Kolkata, Bombay High Court, and the Supreme Court, which emphasized the sufficiency of evidence regarding identity, creditworthiness, and genuineness. Court's Interpretation and Reasoning The Tribunal interpreted that the assessee had fulfilled the burden of proof under Section 68 by furnishing comprehensive evidence, including the identity and PAN details of the share subscribers, bank statements, financial statements, and income tax returns. The Tribunal noted that the AO did not point out any discrepancies in the evidence provided during the remand proceedings. Key Evidence and Findings The assessee submitted detailed documentation for the 29 corporate entities that subscribed to the shares, including their financial statements, bank statements, and tax returns. The Tribunal found that the evidence demonstrated the identity and creditworthiness of the investors and the genuineness of the transactions. The AO's failure to issue notices under Section 133(6) or to conduct further inquiries was noted as a significant oversight. Application of Law to Facts The Tribunal applied the legal principles established in relevant case law to the facts, concluding that the assessee had adequately demonstrated the necessary elements under Section 68. The Tribunal emphasized that the high premium paid on shares was not a bar under the law applicable for the relevant assessment year, and the AO's focus on the non-compliance with summons was insufficient to justify the addition. Treatment of Competing Arguments The Tribunal considered the Revenue's argument that the creditworthiness and genuineness were doubtful due to the low income of some subscribers. However, it concluded that the net worth and financial capacity of the investors, as demonstrated by their financial statements, were sufficient to establish credibility. The Tribunal also dismissed the Revenue's reliance on a similar case, distinguishing it based on different factual circumstances. Conclusions The Tribunal concluded that the assessee had discharged its onus under Section 68, and the AO's addition was unjustified. The Tribunal upheld the CIT(A)'s decision to delete the addition and dismissed the Revenue's appeal. SIGNIFICANT HOLDINGS The Tribunal reiterated the principle that the identity, creditworthiness, and genuineness of transactions must be established to discharge the onus under Section 68. It emphasized that the mere non-compliance with summons is insufficient to sustain an addition if the assessee has provided substantial evidence. The Tribunal cited the Supreme Court's decision in Orissa Corporation Ltd., affirming that the Revenue must pursue further inquiries if initial evidence is provided. Core Principles Established The Tribunal reinforced that the assessment of creditworthiness should consider the net worth and financial capacity, not just annual income. It also clarified that amendments to Section 68 and Section 56(2) regarding share premiums apply prospectively from AY 2013-14 and cannot be applied retroactively. Final Determinations on Each Issue The Tribunal determined that the CIT(A)'s order to delete the addition was correct, as the assessee had provided adequate evidence to substantiate the share capital and premium received. The appeal by the Revenue was dismissed, affirming the CIT(A)'s decision.
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