2010 (8) TMI 126 - HC - Income Tax

Share capital - investment - AO found that none of the 11 persons had the capacity to invest in the shares of a company, which is not well known in the society and whose business future does not seem to be very bright - AO observed that it is a company s own income from undisclosed sources, which has been invested through various persons who in fact do not have actual capacity to invest such heavy amounts in the company - Held that - Not only with respect to the capacity to pay but also in regard to the investment made and the source from where they have acquired the amount for being invested, findings of fact have been recorded besides holding that the source of investment was established beyond doubt - As a matter of fact, on the floating of the public issue by the company the investors decided to invest their money in the company. In such matters, the source from where the investors have drawn the money could not be asked from the assessee company nor was required to be investigated.

Summary

Issues:
1. Addition of Rs. 36,00,000/- as undisclosed income by the Assessing Officer.
2. Applicability of section 68 of the Income-tax Act, 1961 regarding investments made through account payee cheques.
3. Verification of capacity to pay and the source of investment by various investors.
4. Interpretation of the decision in the case of CIT vs Steeler Investment Company.

Analysis:
1. The primary issue in this case revolved around the addition of Rs. 36,00,000/- as undisclosed income by the Assessing Officer. The Assessing Officer found that the investors did not have the capacity to invest in the company, indicating that the investment was actually the company's own income from undisclosed sources. This led to the addition of the amount to the total income of the assessee.

2. The assessee contended that the investments were made through account payee cheques and the entries were verified by the Assessing Officer through bank statements. The plea was that section 68 of the Income-tax Act was not attracted in this case as all necessary details and supporting evidence had been furnished. The CIT (A) agreed with this view, leading to the dismissal of the appeal by the Revenue.

3. The Income Tax Appellate Tribunal further examined the capacity to pay and the source of investment by various investors, including Smt. Madhu Lath, Miss. Sheela Purswani, Sri J.K. Jain, Smt. Beena Jain, Sri Govind Prasad Lath, and Dropadi. The Tribunal found that the source of investment was established beyond doubt, the investors were identified, and they had the capacity to pay. These findings of fact were considered conclusive and did not warrant any interference in the appeal under section 260-A of the Act.

4. Lastly, the Court referenced the decision in the case of CIT vs Steeler Investment Company, emphasizing that it was not a situation covered under section 68 of the Act. The Court highlighted that in cases where a public company issues shares, the source of investors' money need not be investigated. The Court relied on the aforementioned decision from the Delhi High Court, which was confirmed by the apex court, to support the conclusion that the appeal lacked merit and was dismissed accordingly.