PR. COMMISSIONER OF INCOME TAX-7 vs. SATKAR INFRASTRUCTURE (P) LTD.

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ITA/386/2022HC DelhiDLHC01037840202210 October 2022Bench: HON'BLE MR. JUSTICE MANMOHAN,HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court agreed with the appellate authorities that the identity, creditworthiness, and genuineness of the transaction could not be doubted. It found that the investor companies were assessed and their investments verified, and the funds were received via account payee cheques.

What were the facts?

The Revenue appealed against an ITAT order deleting additions made under Section 68 on account of unexplained share premium and share capital. The Assessing Officer contended that the assessee failed to establish the identity, creditworthiness, and genuineness of the transaction.

What were the issues?

Whether the ITAT erred in deleting additions made under Section 68 when the assessee allegedly failed to establish the identity, creditworthiness, and genuineness of share premium and capital. Whether a substantial question of law arises from the ITAT's order.

Which sections of the Income-tax Act were involved?

Section 68,Section 14A,Section 143(3),Section 147,Section 263

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(3)Show list

Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.

ITA 386/2022 Page 1 of 3 $~95 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 386/2022 & CM APPLs.43641-43642/2022 PR. COMMISSIONER OF INCOME TAX-7 ..... Appellant Through: Mr. Puneet Rai and Ms. Adeeba Mujahid, Advocates for Revenue versus SATKAR INFRASTRUCTURE (P) LTD. ..... Respondent Through: None % Date of Decision: 10th October, 2022 CORAM: HON'BLE MR. JUSTICE MANMOHAN HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA J U D G M E N T MANMOHAN, J (Oral): 1. Present Income Tax Appeal has been filed challenging the order dated 25th November, 2021 passed by the Income Tax Appellate Tribunal (‘ITAT’) in ITA No. 1198/Del./2017 for the Assessment Year 2012-13. 2. Learned counsel for the Appellant states that the ITAT has erred in deleting the additions of Rs.10,15,00,000/- which was made by the Assessing Officer under Section 68 of the Income Tax Act, 1961 (for short ‘Act’) on account of unexplained share premium and share capital since the essential ingredients of Section 68 such as identity & credit worthiness of the shareholders and genuineness of the transaction were not established by the Assessee. 3. He further states that the ITAT has erred in deleting the additions of Rs.10,15,00,000/- made by the Assessing Officer under Section 68 of the This is a digitally signed Judgement. NEUTRAL CITATION NO: 2022/DHC/004149

ITA 386/2022 Page 2 of 3 Act, while ignoring the fact that during the assessment proceedings the Assessee had failed to produce controlling persons of share applicant companies along with supportive documentary evidence for examination and field enquiries in respect of share applicant companies revealed that such companies never existed on given addresses. 4. He states that the ITAT has also erred in holding that since this is the first year of operation of the Assessee it can’t be said that the Assessee has brought its unaccounted funds through these investor companies as bogus share capital or share premium. He further contends that the ITAT has ignored the fact that in its first year there could have been no valid reason for the said investors to pay such high amount of premiums. 5. However, a perusal of the paper book reveals that both the appellate authorities below have recorded concurrent findings of facts that as many as eight out of nineteen investor companies were assessed under Section 143(3) of the Act in the same Assessment Year and the concerned Assessing Officers had verified their investments while calculating the disallowance under Section 14A on the basis of 0.5% of the average investments. The appellate authorities below have also recorded that the entire amount had been received by the assessee company by account payee cheques or demand drafts and that nothing has been brought on record by the Revenue that these orders under Section 143(3) passed by the investor companies are subject to proceedings under Section 147 or Section 263 of the Act. 6. Consequently, this Court is in agreement with the factual finding of the appellate authorities below that the identity, credit worthiness and genuineness of the transaction could not be doubted and that it cannot be said that the Assessee company had brought in its own unaccounted funds This is a digitally signed Judgement. NEUTRAL CITATION NO: 2022/DHC/004149

ITA 386/2022 Page 3 of 3 through these investor companies as bogus share capital or share premium. 7. The Supreme Court in Ram Kumar Aggarwal & Anr. vs. Thawar Das (through LRs), (1999) 7 SCC 303 has reiterated that under Section 100 of the Code of Civil Procedure the jurisdiction of the High Court to interfere with the orders passed by the Courts below is confined to hearing on substantial question of law and interference with finding of fact is not warranted if it involves re-appreciation of evidence. Further, the Supreme Court in State of Haryana & Ors. vs. Khalsa Motor Limited & Ors., (1990) 4 SCC 659 has held that the High Court was not justified in law in reversing, in second appeal, the concurrent finding of the fact recorded by both the Courts below. The Supreme Court in Hero Vinoth (Minor) vs. Seshammal, (2006) 5 SCC 545 has also held that “in a case where from a given set of circumstances two inferences of fact are possible, the one drawn by the lower appellate court will not be interfered by the High Court in second appeal. Adopting any other approach is not permissible.” It has also been held that there is a difference between a question of law and a “substantial question of law”. 8. Consequently, this Court is of the view that no substantial question of law arises for consideration in the present appeal. Accordingly, the present appeal along with applications is dismissed. MANMOHAN, J MANMEET PRITAM SINGH ARORA, J OCTOBER 10, 2022 AS This is a digitally signed Judgement. NEUTRAL CITATION NO: 2022/DHC/004149

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