CIT v. Lovely Exports (P) Ltd.

216 CTR 195Supreme Court of India2008#57 most cited

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

If an assessee company receives share application money from alleged bogus shareholders and provides their details to the Assessing Officer, no addition can be made under Section 68 in the company's hands; the Department must proceed against the shareholders by reopening their individual assessments.

854

judgments rely on this decision, according to BharatTax’s citation analysis of 366,369 Indian tax judgments — from 2008 to 2026.

Also referred to as

CIT v. Lovely Exports (P) Ltd. · Section 68 · share application money · bogus shareholders · creditworthiness of creditor · genuineness of transaction · addition u/s 68 · reopening assessments of shareholders · 216 CTR 195 · Supreme Court 2008

Sections most often in play

Section 68Section 133(6)Section 143(3)Section 147Section 131Section 148Section 143(2)Section 153A

Issues it is cited on

creditworthiness of the creditorsource of sourceshare capital and share premiumshare application moneypaper companyretracted statementaddition u/s 68addition under section 68genuineness of the transactionentry operatoraccommodation entrysection 133(6)

Judgments citing CIT v. Lovely Exports (P) Ltd.

ITO 2 (2), Thane vs. M/S Span Realtors, Bhayander

In the result, appeals filed by the revenue are dismissed

ITA 7465/MUM/2019[2014-15]Status: DisposedITAT Mumbai15 Jul 2022AY 2014-15

Bench: Shri Aby T. Varkey, Hon'Ble & Shri S. Rifaur Rahman, Hon'Bleincome Tax Officer – Ward – 2(2) V. M/S. Span Venture 6Th Floor, Ashar I. T. Park 1St Floor, Span Duplex Room No. 26, B-Wing Opp. Maxus Mall Wagle Industrial Estate Bhayander (W) Road No. 16Z, Thane (W) - 400604 Thane-401101 Pan: Abvfs7153A (Appellant) (Respondent)

For Appellant: Shri Anuj KisnadwalaFor Respondent: Shri B.K. Bagchi
Section 132(4)Section 143(1)Section 143(2)Section 68

…ed by attending circumstances. Once the assessee produces evidences about identity, genuineness and credit worthiness of the lender onus of proof shifts to the Revenue. Fifthly, the Honorable Supreme Court in the case of Lovely Exports Private Limited, (2008) 216 CTR 195 (SC), has stated that the AO is at liberty to bring to tax the amounts in their respective hands of the creditors if their identity, genuineness and creditworthiness is not proved. The AO should have made efforts to assess the amounts in the hands of the creditors at least on protective basis. Lastly, even if the creditworthiness of the creditors…

ITO 2 (2), Thane vs. M/S Span Realtors, Bhayander

In the result, appeals filed by the revenue are dismissed

ITA 7464/MUM/2019[2013-14]Status: DisposedITAT Mumbai15 Jul 2022AY 2013-14

Bench: Shri Aby T. Varkey, Hon'Ble & Shri S. Rifaur Rahman, Hon'Bleincome Tax Officer – Ward – 2(2) V. M/S. Span Venture 6Th Floor, Ashar I. T. Park 1St Floor, Span Duplex Room No. 26, B-Wing Opp. Maxus Mall Wagle Industrial Estate Bhayander (W) Road No. 16Z, Thane (W) - 400604 Thane-401101 Pan: Abvfs7153A (Appellant) (Respondent)

For Appellant: Shri Anuj KisnadwalaFor Respondent: Shri B.K. Bagchi
Section 132(4)Section 143(1)Section 143(2)Section 68

…ed by attending circumstances. Once the assessee produces evidences about identity, genuineness and credit worthiness of the lender onus of proof shifts to the Revenue. Fifthly, the Honorable Supreme Court in the case of Lovely Exports Private Limited, (2008) 216 CTR 195 (SC), has stated that the AO is at liberty to bring to tax the amounts in their respective hands of the creditors if their identity, genuineness and creditworthiness is not proved. The AO should have made efforts to assess the amounts in the hands of the creditors at least on protective basis. Lastly, even if the creditworthiness of the creditors…

ITO 2 (2), Thane vs. M/S Span Venture, Bhayander

In the result, appeals filed by the revenue are dismissed

ITA 7463/MUM/2019[2013-14]Status: DisposedITAT Mumbai15 Jul 2022AY 2013-14

Bench: Shri Aby T. Varkey, Hon'Ble & Shri S. Rifaur Rahman, Hon'Bleincome Tax Officer – Ward – 2(2) V. M/S. Span Venture 6Th Floor, Ashar I. T. Park 1St Floor, Span Duplex Room No. 26, B-Wing Opp. Maxus Mall Wagle Industrial Estate Bhayander (W) Road No. 16Z, Thane (W) - 400604 Thane-401101 Pan: Abvfs7153A (Appellant) (Respondent)

For Appellant: Shri Anuj KisnadwalaFor Respondent: Shri B.K. Bagchi
Section 132(4)Section 143(1)Section 143(2)Section 68

…ed by attending circumstances. Once the assessee produces evidences about identity, genuineness and credit worthiness of the lender onus of proof shifts to the Revenue. Fifthly, the Honorable Supreme Court in the case of Lovely Exports Private Limited, (2008) 216 CTR 195 (SC), has stated that the AO is at liberty to bring to tax the amounts in their respective hands of the creditors if their identity, genuineness and creditworthiness is not proved. The AO should have made efforts to assess the amounts in the hands of the creditors at least on protective basis. Lastly, even if the creditworthiness of the creditors…

Bhadanes Hitech Technology Computer Pvt.Ltd, Nashik vs. Income-Tax Officer, Ward - 1(1), Nashik

Appeal is partly allowed in above terms

ITA 1289/PUN/2018[2013-14]Status: DisposedITAT Pune14 Jul 2022AY 2013-14

Bench: Shri S.S. Godara & Dr. Dipak P. Ripoteनिर्धारण वषा / Assessment Year : 2013-14 Bhadanes Hitech Technology Vs. Ito, Ward Computer Pvt. Ltd. 1(1), Nashik Flat No.10, Padmavishwa Plaza, Nashik Pune Road, Tagore Nagar, Nashik – 422006 Pan : Aadcb9102E Appellant Respondent

Section 143(3)Section 68

…ourt in the case of Tulip Engineering Pvt. Ltd. (2015) 92 CCH 60 has held inter-alia as under:- "So far as the last ground, i.e. the merits as to the addition of Rs. 4,84,000/- goes, the basis for introducing Section 68 is understood in C1T v. Lovely Exports, 216 CTR 195 to say that the assessee not only has to establish the identity of the share applicant or investor, as the case may be, but also of the third party. It has to be prima facie established that such third party was credit worthy and the transaction was genuine. Whilst the acquisition of the shares of Galaxy Commercial was not doubted by the AO, what…

Radhe Renewable Energy Development Pvt Ltd, Rajkot vs. The PCIT, Rajkot-1, Rajkot

In the result, the appeal filed by the assessee is allowed

ITA 110/RJT/2022[2017-18]Status: HeardITAT Rajkot08 Jul 2022AY 2017-18

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

For Appellant: Shri Sanjeev Jain, CIT. D.RFor Respondent: Shri Mehul Ranpura, A.R
Section 143(3)Section 263

…the assessee. Both the authorities have concurrently held the issue in favour of the assessee and moreover, the entire issue is essentially in the realm of facts." 5.7 Similar view has been held by the Hon'ble Supreme Court in case of Lovely Exports P. Ltd. 216 CTR 195. In this case, the appellant hasestablished the identity, the capacity of the lender and the genuineness of the transaction. Considering the factual matrix and the discharge of the onus by the appellant, it is held that no addition u/s.68 is warranted. The addition is directed to be deleted. It is also worthwhile to mention here that the A.O. has…

The Deputy Commr. Income Tax, Circle-1(2), Rajkot vs. M/S Radhe Renewable Energy Development Pvt. Ltd., Rajkot

In the result, the appeal filed by the assessee is allowed

ITA 322/RJT/2017[2012-13]Status: HeardITAT Rajkot08 Jul 2022AY 2012-13

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

For Appellant: Shri Sanjeev Jain, CIT. D.RFor Respondent: Shri Mehul Ranpura, A.R
Section 143(3)Section 263

…the assessee. Both the authorities have concurrently held the issue in favour of the assessee and moreover, the entire issue is essentially in the realm of facts." 5.7 Similar view has been held by the Hon'ble Supreme Court in case of Lovely Exports P. Ltd. 216 CTR 195. In this case, the appellant hasestablished the identity, the capacity of the lender and the genuineness of the transaction. Considering the factual matrix and the discharge of the onus by the appellant, it is held that no addition u/s.68 is warranted. The addition is directed to be deleted. It is also worthwhile to mention here that the A.O. has…

The Dy. Commr. of Income Tax, Circle-1(1), Rajkot-Gujarat vs. M/S. Radhe Renewable Energy Developement Pvt. Ltd., Rajkot-Gujarat

In the result, the appeal filed by the assessee is allowed

ITA 156/RJT/2015[2011-12]Status: DisposedITAT Rajkot08 Jul 2022AY 2011-12

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

For Appellant: Shri Sanjeev Jain, CIT. D.RFor Respondent: Shri Mehul Ranpura, A.R
Section 143(3)Section 263

…the assessee. Both the authorities have concurrently held the issue in favour of the assessee and moreover, the entire issue is essentially in the realm of facts." 5.7 Similar view has been held by the Hon'ble Supreme Court in case of Lovely Exports P. Ltd. 216 CTR 195. In this case, the appellant hasestablished the identity, the capacity of the lender and the genuineness of the transaction. Considering the factual matrix and the discharge of the onus by the appellant, it is held that no addition u/s.68 is warranted. The addition is directed to be deleted. It is also worthwhile to mention here that the A.O. has…

M/S Radhe Renewable Energy Development Pvt. Ltd., Rajkot-Gujarat vs. The Asstt. Commr. Income Tax, Circle-5, Rajkot-Gujarat

In the result, the appeal filed by the assessee is allowed

ITA 139/RJT/2015[2011-12]Status: DisposedITAT Rajkot08 Jul 2022AY 2011-12

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

For Appellant: Shri Sanjeev Jain, CIT. D.RFor Respondent: Shri Mehul Ranpura, A.R
Section 143(3)Section 263

…the assessee. Both the authorities have concurrently held the issue in favour of the assessee and moreover, the entire issue is essentially in the realm of facts." 5.7 Similar view has been held by the Hon'ble Supreme Court in case of Lovely Exports P. Ltd. 216 CTR 195. In this case, the appellant hasestablished the identity, the capacity of the lender and the genuineness of the transaction. Considering the factual matrix and the discharge of the onus by the appellant, it is held that no addition u/s.68 is warranted. The addition is directed to be deleted. It is also worthwhile to mention here that the A.O. has…

Shiva Shakti Enclaves Pvt. Ltd, Mumbai vs. CIT (A) 49, Mumbai

In the result appeal of the assessee is partly allowed

ITA 17/MUM/2022[2009-10]Status: DisposedITAT Mumbai07 Jul 2022AY 2009-10

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm Shiva Shakti Enclaves Pvt. Ltd. Commissioner Of Income-Tax Raigad Darshan (Appeals)–49 Oppsite Indian Oil Company, 605, Pratyakshakar Bhavan, Vs. J.P. Road, Andheri (W) Mumbai-400 050 Mumbai-400 053 (Respondent) (Appellant) Pan No. Aagcs5014B Assessee By : Shri Vimal Punmiya, Ar Revenue By : Shri Himanshu Sharma, Dr Date Of Hearing: 25.05.2022 Date Of Pronouncement : .07.2022

For Appellant: Shri Vimal Punmiya, ARFor Respondent: Shri Himanshu Sharma, DR
Section 131Section 143Section 147Section 148Section 234BSection 271(1)(C)Section 68

…ent evidence on record. Moreover no opportunity of being heard was given to the assessee. However, in support of this contention, the Ld. Representative of the assessee has placed reliance upon the following law.:- 1. CIT Vs. Loverly Exports Pvt. Ltd. (2008) 216 CTR 195 (SC) 2. PCIT Vs. Himachal Fibers Ltd. (2018) 98 taxmann.com 173 (SC) 3. PCIT Vs. Bharat Securities P. Ltd. (2020) 13 taxmann.com 32 (SC) 4. PCIT Vs. Rohtak Chain Co. P. Ltd. (2019) 110 taxmann.com 59 (SC) 5. PCIT Vs. Ami Industries Pvt. Ltd. 1231 of 2017 6. CIT Vs. Gagandeep Infrastructure Pvt. Ltd. ITA. No.1613 of 2014 (Bom) 7. CIT Vs. Orc…

Smt. Bimla Devi, Chennai vs. DCIT, Central Circle - 3(2), Chennai

In the result, all the appeals filed by the assessees are allowed

ITA 3266/CHNY/2019[2012-13]Status: DisposedITAT Chennai01 Jul 2022AY 2012-13

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No. 3263/Chny/2019 िनधा"रण वष"/Assessment Year:2011-12 Smt. Rita Agarwal, The Deputy Commissioner Of 4D, Heritage Apartments, Orms Road, Vs. Income Tax, Kilapauk, Chennai 600 010. Central Circle 3(2), [Pan:Aagpr4368A] Chennai. (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. No. 3264/Chny/2019 िनधा"रण वष"/Assessment Year:2011-12 Shri Pankaj Agarwal, Vs. The Deputy Commissioner Of 4E, Heritage Apartments, Orms Road, Income Tax, Kilapauk, Chennai 600 010. Central Circle 3(2), [Pan:Aflpa1767N] Chennai. (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. No. 3265/Chny/2019 िनधा"रण वष"/Assessment Year:2011-12 Smt. Shobha Agarwal, The Deputy Commissioner Of 4E, Heritage Apartments, Orms Road, Vs. Income Tax, Kilapauk, Chennai 600 010. Central Circle 3(2), [Pan:Aaxpc8430H] Chennai. (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. No. 3266/Chny/2019 िनधा"रण वष"/Assessment Year:2012-13 Smt. Bimla Devi, The Deputy Commissioner Of 4E, Heritage Apartments, Orms Road, Vs. Income Tax, Kilapauk, Chennai 600 010. Central Circle 3(2), [Pan:Aadpd8240L] Chennai. (अपीलाथ"/Appellant) (""थ"/Respondent)

For Appellant: Shri S. Sridhar, AdvocateFor Respondent: Shri V. Vivekanandan, CIT
Section 132Section 143(2)Section 143(3)Section 153ASection 68

…e any other evidence to justify the accommodation entry was provided to the assessee. It is well established principles of law by the decisions of various Courts including the decision of the Hon’ble Supreme Court in the case of CIT v. Lovely Exports (P) Ltd. 216 CTR 195 (SC), wherein, it has been clearly held that once the name and address of the creditor is furnished to the Assessing Officer, then the Department can proceed to reopen 24 I.T.A. Nos.3263-3266/Chny/19 the assessments of the creditor, but the sum received from the creditor cannot be regarded as unexplained credit. In this case, the Assessing Offi…

Smt. Shobha Agarwal, Chennai vs. DCIT, Central Circle - 3 (2), Chennai

In the result, all the appeals filed by the assessees are allowed

ITA 3265/CHNY/2019[2011-12]Status: DisposedITAT Chennai01 Jul 2022AY 2011-12

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No. 3263/Chny/2019 िनधा"रण वष"/Assessment Year:2011-12 Smt. Rita Agarwal, The Deputy Commissioner Of 4D, Heritage Apartments, Orms Road, Vs. Income Tax, Kilapauk, Chennai 600 010. Central Circle 3(2), [Pan:Aagpr4368A] Chennai. (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. No. 3264/Chny/2019 िनधा"रण वष"/Assessment Year:2011-12 Shri Pankaj Agarwal, Vs. The Deputy Commissioner Of 4E, Heritage Apartments, Orms Road, Income Tax, Kilapauk, Chennai 600 010. Central Circle 3(2), [Pan:Aflpa1767N] Chennai. (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. No. 3265/Chny/2019 िनधा"रण वष"/Assessment Year:2011-12 Smt. Shobha Agarwal, The Deputy Commissioner Of 4E, Heritage Apartments, Orms Road, Vs. Income Tax, Kilapauk, Chennai 600 010. Central Circle 3(2), [Pan:Aaxpc8430H] Chennai. (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. No. 3266/Chny/2019 िनधा"रण वष"/Assessment Year:2012-13 Smt. Bimla Devi, The Deputy Commissioner Of 4E, Heritage Apartments, Orms Road, Vs. Income Tax, Kilapauk, Chennai 600 010. Central Circle 3(2), [Pan:Aadpd8240L] Chennai. (अपीलाथ"/Appellant) (""थ"/Respondent)

For Appellant: Shri S. Sridhar, AdvocateFor Respondent: Shri V. Vivekanandan, CIT
Section 132Section 143(2)Section 143(3)Section 153ASection 68

…e any other evidence to justify the accommodation entry was provided to the assessee. It is well established principles of law by the decisions of various Courts including the decision of the Hon’ble Supreme Court in the case of CIT v. Lovely Exports (P) Ltd. 216 CTR 195 (SC), wherein, it has been clearly held that once the name and address of the creditor is furnished to the Assessing Officer, then the Department can proceed to reopen 24 I.T.A. Nos.3263-3266/Chny/19 the assessments of the creditor, but the sum received from the creditor cannot be regarded as unexplained credit. In this case, the Assessing Offi…

Shri Pankaj Agarwal, Chennai vs. DCIT, Central Circle, Chennai

In the result, all the appeals filed by the assessees are allowed

ITA 3264/CHNY/2019[2011-12]Status: DisposedITAT Chennai01 Jul 2022AY 2011-12

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No. 3263/Chny/2019 िनधा"रण वष"/Assessment Year:2011-12 Smt. Rita Agarwal, The Deputy Commissioner Of 4D, Heritage Apartments, Orms Road, Vs. Income Tax, Kilapauk, Chennai 600 010. Central Circle 3(2), [Pan:Aagpr4368A] Chennai. (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. No. 3264/Chny/2019 िनधा"रण वष"/Assessment Year:2011-12 Shri Pankaj Agarwal, Vs. The Deputy Commissioner Of 4E, Heritage Apartments, Orms Road, Income Tax, Kilapauk, Chennai 600 010. Central Circle 3(2), [Pan:Aflpa1767N] Chennai. (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. No. 3265/Chny/2019 िनधा"रण वष"/Assessment Year:2011-12 Smt. Shobha Agarwal, The Deputy Commissioner Of 4E, Heritage Apartments, Orms Road, Vs. Income Tax, Kilapauk, Chennai 600 010. Central Circle 3(2), [Pan:Aaxpc8430H] Chennai. (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. No. 3266/Chny/2019 िनधा"रण वष"/Assessment Year:2012-13 Smt. Bimla Devi, The Deputy Commissioner Of 4E, Heritage Apartments, Orms Road, Vs. Income Tax, Kilapauk, Chennai 600 010. Central Circle 3(2), [Pan:Aadpd8240L] Chennai. (अपीलाथ"/Appellant) (""थ"/Respondent)

For Appellant: Shri S. Sridhar, AdvocateFor Respondent: Shri V. Vivekanandan, CIT
Section 132Section 143(2)Section 143(3)Section 153ASection 68

…e any other evidence to justify the accommodation entry was provided to the assessee. It is well established principles of law by the decisions of various Courts including the decision of the Hon’ble Supreme Court in the case of CIT v. Lovely Exports (P) Ltd. 216 CTR 195 (SC), wherein, it has been clearly held that once the name and address of the creditor is furnished to the Assessing Officer, then the Department can proceed to reopen 24 I.T.A. Nos.3263-3266/Chny/19 the assessments of the creditor, but the sum received from the creditor cannot be regarded as unexplained credit. In this case, the Assessing Offi…

Smt. Rita Agarwal, Chennai vs. DCIT, Central Circle - 3 (2), Chennai

In the result, all the appeals filed by the assessees are allowed

ITA 3263/CHNY/2019[2011-12]Status: DisposedITAT Chennai01 Jul 2022AY 2011-12

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No. 3263/Chny/2019 िनधा"रण वष"/Assessment Year:2011-12 Smt. Rita Agarwal, The Deputy Commissioner Of 4D, Heritage Apartments, Orms Road, Vs. Income Tax, Kilapauk, Chennai 600 010. Central Circle 3(2), [Pan:Aagpr4368A] Chennai. (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. No. 3264/Chny/2019 िनधा"रण वष"/Assessment Year:2011-12 Shri Pankaj Agarwal, Vs. The Deputy Commissioner Of 4E, Heritage Apartments, Orms Road, Income Tax, Kilapauk, Chennai 600 010. Central Circle 3(2), [Pan:Aflpa1767N] Chennai. (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. No. 3265/Chny/2019 िनधा"रण वष"/Assessment Year:2011-12 Smt. Shobha Agarwal, The Deputy Commissioner Of 4E, Heritage Apartments, Orms Road, Vs. Income Tax, Kilapauk, Chennai 600 010. Central Circle 3(2), [Pan:Aaxpc8430H] Chennai. (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. No. 3266/Chny/2019 िनधा"रण वष"/Assessment Year:2012-13 Smt. Bimla Devi, The Deputy Commissioner Of 4E, Heritage Apartments, Orms Road, Vs. Income Tax, Kilapauk, Chennai 600 010. Central Circle 3(2), [Pan:Aadpd8240L] Chennai. (अपीलाथ"/Appellant) (""थ"/Respondent)

For Appellant: Shri S. Sridhar, AdvocateFor Respondent: Shri V. Vivekanandan, CIT
Section 132Section 143(2)Section 143(3)Section 153ASection 68

…e any other evidence to justify the accommodation entry was provided to the assessee. It is well established principles of law by the decisions of various Courts including the decision of the Hon’ble Supreme Court in the case of CIT v. Lovely Exports (P) Ltd. 216 CTR 195 (SC), wherein, it has been clearly held that once the name and address of the creditor is furnished to the Assessing Officer, then the Department can proceed to reopen 24 I.T.A. Nos.3263-3266/Chny/19 the assessments of the creditor, but the sum received from the creditor cannot be regarded as unexplained credit. In this case, the Assessing Offi…

Axykno Capital Services Ltd, Nagpur vs. DCIT Circle 1, Nagpur

In the result, both the appeals of the assessee are allowed

ITA 178/NAG/2017[2009-10]Status: DisposedITAT Nagpur28 Jun 2022AY 2009-10

Bench: Shri Sandeep Gosain, Jm & Shri Arun Khodpia, Am

For Appellant: Shri Kapil Hirani, AdvFor Respondent: Shri Vitthal M. Bhosale (JCIT-DR)
Section 132(4)Section 147Section 148Section 68

…APITAL SERVICES LTD VS DCIT, CIRCLE- 1,NAGPUR Once the assessee produces evidences about identity, genuineness and creditworthiness of the tender onus of proof shifts to the revenue.' 2.4.8 The Honble Apex Court in the case of Lovely Exports Pvt. Ltd. (2008) 216 CTR 195 (SC) : 2009 TaxPub(DT) 0261 (SC) held that the assessing officer is at liberty to bring to tax the amounts in their respective hands of the investors if their identity, genuineness and creditworthiness is not proved. The assessing officer should have made efforts to assess the amounts in the hands of the investors at least on protective basis. E…

DCIT CC 8(1), Mumbai vs. Shri. Suresh Gurubuxsing Wadhwa, Navi Mumbai

In the result, all the appeals filed by the Revenue stand dismissed

ITA 78/MUM/2020[2012-13]Status: DisposedITAT Mumbai24 Jun 2022AY 2012-13

Bench: Shri Pavan Kumar Gadale & Shri Amarjit Singh

For Appellant: Mani JainFor Respondent: Amol B. Kirtane
Section 132Section 132(4)Section 153Section 68

…ed by attending circumstances. Once the assessee produces evidences about identity, genuineness and credit worthiness of the lender onus of proof shifts to the Revenue. Fifthly, the Honorable Supreme Court in the case of Lovely Exports Private Limited, (2008) 216 CTR 195 (SC), has stated that the AO is at liberty to bring to tax the amounts in their respective hands of the creditors if their identity, genuineness and creditworthiness is not proved. The AO should have made efforts to assess the amounts in the hands of the creditors at least on protective basis. Lastly, even if the creditworthiness of the creditors…

DCIT, CC- 8 (1), Mumbai vs. Surinder Anantram Sabhlok, Mumbai

In the result, all the appeals filed by the Revenue stand dismissed

ITA 56/MUM/2020[2011-12]Status: DisposedITAT Mumbai24 Jun 2022AY 2011-12

Bench: Shri Pavan Kumar Gadale & Shri Amarjit Singh

For Appellant: Mani JainFor Respondent: B.K. Bagchi &
Section 132Section 132(4)Section 68

…ed by attending circumstances. Once the assessee produces evidences about identity, genuineness and credit worthiness of the lender onus of proof shifts to the Revenue. Fifthly, the Honorable Supreme Court in the case of Lovely Exports Private Limited, (2008) 216 CTR 195 (SC), has stated that the AO is at liberty to bring to tax the amounts in their respective hands of the creditors if their identity, genuineness and creditworthiness is not proved. The AO should have made efforts to assess the amounts in the hands of the creditors at least on protective basis. Lastly, even if the creditworthiness of the creditors…

ACIT Circle-3(1)(2), Mumbai vs. M/S Chemicon Engineering Consultant Pvt Ltd., Mumbai

In the result, the appeal of the Revenue stands dismissed and the appeal of the assessee is allowed

ITA 833/MUM/2020[2013-14]Status: DisposedITAT Mumbai17 Jun 2022AY 2013-14

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. No.7907/Mum/2019 (निर्धारण वर्ा / Assessment Year:2013-14) Chemicon Engineering बिधम/ Acit, Circle 3(1)(2) Consultant Pvt. Ltd. Room No.607, Aayakar Vs. 21 & 22, 2Nd Floor, 230, Bhawan, Maharshi Karve Sakhar Bhawan, Nariman Road, Mumbai-400020. Point, Mumbai-400021. आयकर अपील सं/ I.T.A. No. 833/Mum/2020 (निर्धारण वर्ा / Assessment Year:2013-14) Acit, Circle 3(1)(2) बिधम/ Chemicon Engineering Room No.607, Aayakar Consultant Pvt. Ltd. Vs. 21 & 22, 2Nd Floor, 230, Bhawan, Maharshi Karve Road, Mumbai-400020. Sakhar Bhawan, Nariman Point, Mumbai-400021. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacc2686H (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Anuj Kisnadwala Revenue By: Shri H. N. Singh (Dr) सुनवाई की तारीख / Date Of Hearing: 11/05/2022 घोषणा की तारीख /Date Of Pronouncement: 17/06/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeals Preferred By The Assessee & Revenue Respectively Against The Order Of The Ld. Cit(A)-08, Mumbai Dated 29.11.2019 For The A.Y.2013-14. 2. The Grounds Raised By The Both The Parties Are As Follows: Assessee Grounds: - 1. For That On The Facts & Circumstances Of The Case The Orders Passed By The Assessing Officer U/S 143(3) Of The Act, 1961 (The “Act”) & A.Ys.2013-14 Chemicon Engineering That By The Cit(A) U/S 250 Of The Act So Far It Relates To In Confirming Of The Additions To The Extent Of A) Rs. 6,22,05,000/- Received From Certain Companies Out Of Total Rs. 13,13,50,000/- In Respect Of Shares Allotted Against Share Application Money;

For Appellant: Shri Anuj KisnadwalaFor Respondent: Shri H. N. Singh (DR)
Section 143(3)Section 250Section 68

…ft upon revenue to dislodge the assessee's claim by bringing on record material evidences and unless this onus is discharged by the revenue, no addition could be sustained u/s 68. The Hon'ble Supreme Court in the case of CIT v. Lovely Exports (P.) Ltd. [2009] 216 CTR 195, dismissing revenue's appeal, 52 A.Ys.2013-14 Chemicon Engineering observed as under: — 2. Can the amount of share money be regarded as undisclosed income under section 68 of IT Act, 1961? We find no merit in this Special Leave Petition for the simple reason that if the share application money is received by the assessee company from alleged bo…

Chemicon Engineering Consultant Pvt Ltd., Mumbai vs. Asst CIT Circle- 3 (1)(2), Mumbai

In the result, the appeal of the Revenue stands dismissed and the appeal of the assessee is allowed

ITA 7907/MUM/2019[2013-14]Status: DisposedITAT Mumbai17 Jun 2022AY 2013-14

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. No.7907/Mum/2019 (निर्धारण वर्ा / Assessment Year:2013-14) Chemicon Engineering बिधम/ Acit, Circle 3(1)(2) Consultant Pvt. Ltd. Room No.607, Aayakar Vs. 21 & 22, 2Nd Floor, 230, Bhawan, Maharshi Karve Sakhar Bhawan, Nariman Road, Mumbai-400020. Point, Mumbai-400021. आयकर अपील सं/ I.T.A. No. 833/Mum/2020 (निर्धारण वर्ा / Assessment Year:2013-14) Acit, Circle 3(1)(2) बिधम/ Chemicon Engineering Room No.607, Aayakar Consultant Pvt. Ltd. Vs. 21 & 22, 2Nd Floor, 230, Bhawan, Maharshi Karve Road, Mumbai-400020. Sakhar Bhawan, Nariman Point, Mumbai-400021. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacc2686H (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Anuj Kisnadwala Revenue By: Shri H. N. Singh (Dr) सुनवाई की तारीख / Date Of Hearing: 11/05/2022 घोषणा की तारीख /Date Of Pronouncement: 17/06/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeals Preferred By The Assessee & Revenue Respectively Against The Order Of The Ld. Cit(A)-08, Mumbai Dated 29.11.2019 For The A.Y.2013-14. 2. The Grounds Raised By The Both The Parties Are As Follows: Assessee Grounds: - 1. For That On The Facts & Circumstances Of The Case The Orders Passed By The Assessing Officer U/S 143(3) Of The Act, 1961 (The “Act”) & A.Ys.2013-14 Chemicon Engineering That By The Cit(A) U/S 250 Of The Act So Far It Relates To In Confirming Of The Additions To The Extent Of A) Rs. 6,22,05,000/- Received From Certain Companies Out Of Total Rs. 13,13,50,000/- In Respect Of Shares Allotted Against Share Application Money;

For Appellant: Shri Anuj KisnadwalaFor Respondent: Shri H. N. Singh (DR)
Section 143(3)Section 250Section 68

…ft upon revenue to dislodge the assessee's claim by bringing on record material evidences and unless this onus is discharged by the revenue, no addition could be sustained u/s 68. The Hon'ble Supreme Court in the case of CIT v. Lovely Exports (P.) Ltd. [2009] 216 CTR 195, dismissing revenue's appeal, 52 A.Ys.2013-14 Chemicon Engineering observed as under: — 2. Can the amount of share money be regarded as undisclosed income under section 68 of IT Act, 1961? We find no merit in this Special Leave Petition for the simple reason that if the share application money is received by the assessee company from alleged bo…

M/S. Exim India Oil Company Ltd, Cuttack vs. DCIT, Cuttack

In the result, appeal of the assessee is partly allowed for statistical purposes

ITA 70/CTK/2008[1998-99]Status: DisposedITAT Cuttack08 Jun 2022AY 1998-99

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaassessment Year : 1998-99 M/S. Exim India Oil Company M/S. Exim India Oil Company Vs. Dcit, Circle Dcit, Circle-1(1), Ltd., At:N.H-5, Tiberwal Nagar, 5, Tiberwal Nagar, Cuttack Jagatpur, Cuttack Jagatpur, Cuttack Pan/Gir No. No.Aaace 3929 K (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri B.K. Tiberwal Tiberwal, Md Revenue By : Shri M.K.Gautam, Cit ( Cit (Dr) Date Of Hearing : 8/6/ 20 / 2022 Date Of Pronouncement : 8 /6 6/2022 O R D E R

For Appellant: Shri B.K. TiberwalFor Respondent: Shri M.K.Gautam, CIT (
Section 143(3)Section 43BSection 68

…out deciding the Appeal on merit the Ld. CIT (A) rejected this ground without any adjudication despite clear cut directions by this Hon'ble ITAT which are very much binding on the departmental authority. [vii)That in the case of CIT Vs Lovely Exports (P) Ltd. 216 CTR 195 which held as under: "Can the amount of share money be regarded as undisclosed income under section 68 of the Income Tax Act, 1961? We find no merit in this Special Leave Petition for the simple reason that if the share application money is received by the assessee company from alleged bogus shareholders, whose names are given to the Assessing Of…

ACIT Central Cir-4(4), Mumbai vs. Nadiadwala Grandson Entertainment Pvt. Ltd, Mumbai

In the result, the appeals of the assessee i

ITA 2238/MUM/2021[2015-16]Status: DisposedITAT Mumbai07 Jun 2022AY 2015-16

Bench: Shri Amarjit Singh & Ms.Kavitha Rajagopalita Nos.1492 To 1497/Mum/2021 (A.Ys. 2010-11, 2011-12 & 2013-14 To 2016-17) Nadiadwala Grandson Vs. Dcit, Cc-4(4), Entertainment Pvt. Ltd. 19Th Floor, Air India 1701, 17Th Floor, Lotus Building, Nariman Point, Grandeur, Off Veera Desai Mumbai - 400021 Road, Andheri West, Mumbai – 400053 स्थायीलेखासं./जीआइआरसं./ Pan/Gir No: Aaccn0909J Appellant .. Respondent Ita Nos.2221 To 2223, 2237 & 2238/Mum/2021 (A.Ys. 2010-11, 2011-12 & 2013-14, 2015-16 & 2016-17) Asst. Commissioner Of Vs. Nadiadwala Grandson Income Tax, Central Circle- Entertainment Pvt. Ltd. 4(4),Central Range-4 Nadiadwala Villa, Ocean Pr.Cit(C)-2,R.No. 1922, View, Jp Road, Versova, 19Th Floor, Air India Andheri (West), Building, Nariman Point, Mumbai - 400061 Mumbai - 400021 स्थायीलेखासं./जीआइआरसं./ Pan/Gir No: Aaccn0909J Appellant .. Respondent Appellant By : Mani Jain & Prateek Jain Respondent By : Dr. Mahesh Akhade Date Of Hearing 24.03.2022 Date Of Pronouncement 07.06.2022

For Appellant: Mani Jain &For Respondent: Dr. Mahesh Akhade
Section 132(1)Section 68

…upon by the assesses are reproduced hereunder- 1. CIT vs. Goa Sponge and Power Ltd (13/02/2012) Tax Appeal No. 16 of 2012 (High Court-Bombay) 2. CIT vs. Creative World Tele films Ltd.(2011) 333 ITR 100 (Bom-High Court) 3. CIT vs. Lovely Exports (P) Ltd (2008) 216 CTR 195(SC) 4. CIT vs. Stellar Investment Ltd (2001) 251 ITR 263(SC) (Civil Appeal) 5. CIT vs. Nav Bharat Duolex Ltd. (2013) 35 Taxmann.com289(AII- High Court) 6. CIT vs. JayDee Securities & Finance Ltd. (2013) 32 Taxmann.com91 (All- High Court) 7. ACIT vs. Venkateshwarlspat Pvt. Ltd (2009) 319 ITR 393 (Chhatisgarh- High Court) 8. Mod Creations Pvt. Ltd…