CIT v. Frostair (P.) Ltd.

26 Taxmann.com 11High Court2012#1791 most cited

What is CIT v. Frostair (P.) Ltd. authority for?

The assessee bears the onus under Section 68 of the Income-tax Act to establish the identity of the share applicant, the genuineness of the transaction, and the creditworthiness of the investor. Merely providing documentary evidence of the transaction may not be sufficient if the creditworthiness is not adequately demonstrated.

63

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2017 to 2024.

Also referred to as

CIT v. Frostair (P.) Ltd. · Section 68 · cash credit · share application money · onus of proof · identity of investor · genuineness of transaction · creditworthiness · documentary evidence · Delhi High Court

Issues it is cited on

Judgments citing CIT v. Frostair (P.) Ltd.

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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CIT v. Frostair (P.) Ltd. (26 Taxmann.com 11) — Cited in 63 Judgments | BharatTax