CIT v. Creative World Telefilms Ltd.

333 ITR 100High Court2011#376 most cited

What is CIT v. Creative World Telefilms Ltd. authority for?

If an assessee provides the identity, address, PAN, and banking details of shareholders for share capital or application money received through banking channels, the Assessing Officer must conduct a thorough investigation beyond merely issuing unserved summons before making an addition under Section 68.

235

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2015 to 2026.

Also referred to as

CIT v. Creative World Telefilms Ltd. · Section 68 · share capital addition · share application money · Assessing Officer investigation · onus on AO · genuineness of transaction · creditworthiness of shareholders · PAN details · unserved summons · 333 ITR 100

Issues it is cited on

Judgments citing CIT v. Creative World Telefilms Ltd.

Masineni Hotels Private Limited, Anantapur vs. ACIT, Circle-1, Anantapur

In the result, appeal filed by the assessee is allowed

ITA 346/HYD/2023[2016-17]Status: DisposedITAT Hyderabad30 Dec 2024AY 2016-17

Bench: Shri Manjunatha G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.346/Hyd/2023 (निर्धारण वर्ा/Assessment Year: 2016-17) Masineni Hotels Private Vs. Acit, Circle-1 Limited Anantpur Anantapur [Pan : Aahcm6211F] (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Mohd.Afzal, Ar रधजस् व द्वधरध/Revenue By:: Shri Srinath Sadanala, Dr सुिवधई की तधरीख/Date Of Hearing: 10/12/2024 घोर्णध की तधरीख/Date Of 30/12/2024 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: This Appeal Filed By The Assessee Is Directed Against The Order Dated 16.05.2023 Of The Learned Commissioner Of Income Tax (Appeals) [Ld.Cit(A)], National Faceless Appeal Centre, Delhi, Pertaining To A.Y.2016-17 On The Following Grounds : 1. Under The Facts & Circumstances Of The Case The Learned Cit(A), Nfac, New Delhi Erred In Confirming The Addition Of Rs.2,35,48,000/- Being The Difference In The Share Capital, Share Application & Other Loan Subscribed / Given By Managing Director Shri M.Ramaiah U/S 68 Of The Income Of The Income Tax Act, 1961 (“The Act”), 1961 (The Act).

For Appellant: Mohd.Afzal, ARFor Respondent: : Shri Srinath Sadanala, DR
Section 68

…lant company. In this regard, he relied upon the decision of Hon'ble Supreme Court in the case of CIT Vs. Lovely Exports Pvt. Ltd. (2008) 216 CTR 195 (SC) and the decision of Hon'ble Bombay High Court in the case of CIT Vs. Creative World Telefilms Ltd.(2011) 333 ITR 100 (Bom.). 8. The learned DR on the other hand, supporting the order of the Ld.CIT(A), submitted that it is a matter on record, that the appellant could not explain the difference amount claimed to have been received from Shri M.Ramaiah, when compared to appellant books and books of accounts of the Director. Further, the appellant could not explain…