2010 (9) TMI 183 - HC - Income Tax

Undisclosed income - AO made the addition u/s 68 of the Act - amounts were received from the alleged entry operators - appellant furnished the documents like names and addresses of the share applicants, their income tax particulars and bank particulars along with the confirmation about making investments in the appellant company and copies of their income tax returns/audited statement of accounts duly reflecting the investments made by them in the appellant company Held that - share application money, in the present case, cannot be regarded as undisclosed income of the assessee under Section 68 of the Act, 1961 Appeal is dismissed.

Summary

Issues:
Challenge to order under Section 260A of the Income Tax Act, 1961 regarding addition made under Section 68 of the Act for Assessment Year 2006-07.

Analysis:
The appeal challenged an order by the Income Tax Appellate Tribunal regarding the addition of a specific amount made by the Assessing Officer under Section 68 of the Income Tax Act, 1961. The Revenue contended that the Tribunal erred in law by deleting the addition. However, both the Commissioner of Income Tax (Appeals) and the Tribunal had already deleted the addition based on the grounds that the identity of the shareholders was not in doubt. The appellant company had received amounts from specific entities, and the Tribunal noted that the identity of the investors was proven beyond doubt. The Tribunal referenced the judgment in the case of Lovely Export Pvt. Ltd. and confirmed the order of the Commissioner of Income Tax (Appeals) based on the established identity of the investors. The Tribunal emphasized that if the identity of the investors is established, no addition can be made in the hands of the company receiving the share application money. The judgment in Commissioner of Income Tax Vs. Lovely Exports (P) Ltd. was cited to support the decision that the share application money in this case cannot be considered undisclosed income under Section 68 of the Act. Consequently, the appeal was dismissed for lacking merit.

This detailed analysis of the judgment highlights the key legal arguments, the reasoning behind the decisions made by the authorities, and the application of relevant legal precedents to reach a final decision regarding the addition made under Section 68 of the Income Tax Act, 1961 for the Assessment Year 2006-07.