ACIT, CENTRAL CIRCLE, GHAZIABAD, GHAZIABAD vs. AL-ARSH EXPORTS PVT. LTD, NEW DELHI
What did the Tribunal hold?
The Tribunal held that the CIT(A) had correctly deleted the addition, as the assessee had provided sufficient evidence to satisfy the conditions of Section 68. The AO had failed to rebut the evidence provided by the assessee and had not conducted independent inquiries.
What were the facts?
The Revenue appealed the deletion of an addition of Rs. 15,00,00,000/- made by the Assessing Officer (AO) under Section 68 of the Income Tax Act, 1961, for unexplained share application money. The assessee had provided details regarding the identity, creditworthiness, and genuineness of the investors.
What were the issues?
Whether the addition made by the AO on account of unexplained share application money was justified, given the evidence provided by the assessee regarding identity, creditworthiness, and genuineness of the transactions.
Which sections of the Income-tax Act were involved?
Section 68,Section 147,Section 133(6),Section 143(3),Section 148,Section 139(1),Section 120(4)(b),Section 2(7A),Section 131
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH, ‘C’: NEW DELHI
Before: SHRI ANUBHAV SHARMA&
PER AMITABH SHUKLA, AM,
The captioned appeal has been preferred by the Revenue against order dated 20.11.2023 of the Commissioner of Income Tax (Appeals)-3, CO No.14/Del/2024 Noida, [hereinafter referred to as ‘ld. CIT(A)’] arising out of assessment order dated 12.12.2018 passed u/s 143(3) r.w.s. 147 of the Income Tax Ac
The order continues below.
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