458, 220 Taxman 165). (iv). CIT v. Frostair Pvt. Ltd. (

210 Taxmann 221High Court#3463 most cited

What is 458, 220 Taxman 165). (iv). CIT v. Frostair Pvt. Ltd. ( authority for?

When an assessee company receives share capital and premium, the onus is on the company to establish the identity, capacity, creditworthiness, and genuineness of the transaction. If this is not established, additions under section 68 of the Income Tax Act are sustainable.

34

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2017 to 2023.

Also referred to as

CIT v. Frostair Pvt. Ltd. · Section 68 · share capital · premium contribution · identity · capacity · creditworthiness · genuineness · addition · tax authorities · Assessing Officer

Judgments citing 458, 220 Taxman 165). (iv). CIT v. Frostair Pvt. Ltd. (

ACIT, CC- 30, NEW DELHI vs. J H JEWELLERS LLP, NEW DELHI

In the result, the appeal of Revenue is dismissed

ITA 809/DEL/2021[2016-17]Status: DisposedITAT Delhi13 Oct 2023AY 2016-17

Bench: Shri Chandra Mohan Garg & M.Balaganeshassessment Year: 2016-17 The Dcit, Central Circle-30, New Delhi M/S. J H Jewellers Llp, 13, Sunder Nagar Market, Kasturba Vs. Nagar, South East, Delhi 110003 Pan Aacfj 3285 G (Appellant) (Respondent) For Revenue: Shri Waseem Arshad, Cit(Dr) For Assessee: Shri U.N Marwah, Ca Shri Parveen Goel, Adv. Date Of Hearing : 23.08.2023 Date Of Pronouncement : 13.10.2023 Order Per Chandra Mohan Garg, J.M. This Appeal Has Been Filed Against The Order Cit(A)-30, New Delhi Dated 25.03.2021 For A.Y. 2016-17. 2. The Grounds Have Been Raised By The Revenue Are As Follows:- 1. The Cit(A) Has Erred In Law & On The Facts In Deleting The Rs.11,24,76,000/- Additions Of Rs. 32,50,00,000/- Made U/S 68 Of The It Act 1961. 2. The Cit(A) Has Erred In Law & On The Facts Of The Case Considering That As Per The Balance Sheet Of These Companies As On 31.03.2016, The Said Fund Were Available In The Balance Sheet Of All The Four Companies Under The Head "Cash & Cash Equivalents" As On 31.03.2015 Which Are Now Reflected In Current Investment In I.E. Investment As Capital In The Appellant Firm As On31.03.2016. Further, Relying On The Submission Of The Assessee That The Said Four Companies Introduced Funds In The Ay 2008-09, The Case Of Maharaja Tie Up, Dynamic Enclave & Shivshakti Commercial Pt Ltd Were Assessed W/S 147 Of The Act For A.Y. 2008-09 Accepting The Share Capital/Share Premium.

For Appellant: Shri U.N Marwah, CAFor Respondent: Shri Waseem Arshad, CIT(DR)
Section 68

…ied by the ld. CIT(DR) in the cases of PCIT vs. NRA Iron & Steel P Ltd. (supra) and the judgments of Hon’ble High Court of Delhi in the case of CIT vs Nipun Builders & Developers P Ltd. 350 ITR 407 (Del) and in the case of CIT vs Frostair (P) Ltd. reported as 210 Taxmann 221 (Del), we respectfully note that all the said 29 preposition pertains to the controversy wherein assessee company received share capital and premium contribution which was disputed by the tax authorities and Assessing Officer made addition u/s. 68 of the Act and the courts rendered judgments in the favour of Revenue by observing that since th…

DCIT, NEW DELHI vs. M/S. TECHNICO INDUSTRIES PVT. LTD., NEW DELHI

In the result, the appeal filed by the Revenue is dismissed

ITA 5204/DEL/2015[2011-12]Status: DisposedITAT Delhi09 Mar 2021AY 2011-12

Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year: 2011-12 Dcit, Vs Technico Industries Pvt. Ltd., Circle-25(1), 103, Pratap Bhawan, Cr Building, Ip Estate, Bahadur Shah Zafar Marg, New Delhi. Near Indian Express Building, New Delhi. Pan: Aaact4445P (Appellant) (Respondent) Assessee By : Shri Aditya Kumar, Ca & Shri Ashwani Kumar, Ca Revenue By : Mrs Aashna Paul, Cit-Dr Date Of Hearing : 17.12.2020 Date Of Pronouncement : 09.03.2020 Order Per R.K. Panda, Am: This Appeal Filed By The Revenue Is Directed Against Order Dated 31St March, 2015 Of The Cit(A)-9, New Delhi Relating To Assessment Year 2011-12. 2. Facts Of The Case, In Brief, Are That The Assessee Is A Company Engaged In The Business Of Manufacturing Of Sheet Metal Components & Tools & Dies. It Filed Its Return Of Income On 29Th September, 2011 Declaring ‘Nil’ Income. The Said Return Was Revised On 14Th September, 2012 Declaring A Loss Of Rs.3,61,68,075/-. During The Course Of Assessment Proceedings, The Ao, On Perusal Of The Balance Sheet Filed By The Assessee, Noted That The Assessee Company Has Issued 14,72,000 Equity Shares At A Premium Of Rs.115. From The Various Details Furnished By The Assessee, The Ao Noted That The Assessee Has Issued Shares To The Following Persons/Parties:-

For Appellant: Shri Aditya Kumar, CA &For Respondent: Mrs Aashna Paul, CIT-DR
Section 133(6)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : D : NEW DELHI (Through Virtual Hearing) BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND MS SUCHITRA KAMBLE, JUDICIAL MEMBER Assessment Year: 2011-12 DCIT, Vs Technico Industries Pvt. Ltd., Circle-25(1), 103, Pratap Bhawan, CR Building, IP Estate, Bahadur Shah Zafar Marg, New Delhi. Near Indian Express Building, New Delhi. PAN: AAACT4445P (Appellant) (Respondent) Assessee by : Shri Aditya Kumar, CA & Shri Ashwani Kumar, CA Revenue by : Mrs Aashna Paul, CIT-DR Date of Hearing : 17.12.2020 Date of Pronouncement : 09.03.2020 ORDER PER R.K. PANDA, AM: This appeal fil…

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458, 220 Taxman 165). (iv). CIT v. Frostair Pvt. Ltd. ( (210 Taxmann 221) — Cited in 34 Judgments | BharatTax