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 366,005 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

Issues it is cited on

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

Dy.Commissioner of Income Tax, CC-2, Kanpur vs. Shri.Mohammad Asfand Akhtar, Kanpur

In the result, the appeal of Revenue in ITA

ITA 144/LKW/2022[2018-19]Status: DisposedITAT Lucknow26 Sept 2025AY 2018-19

Bench: Shri Sudhanshu Srivastava & Shri Anadee Nath Misshraassessment Year: 2018-19 Dcit, Cc-2 V. Shri Mohammad Asfand Laxmi Niwas, 10/503, Akhtar Allenganj, Kanpur-208001. Plot No.02, Block-B, Scheme-39, Ram Rai Ki Sarai, Jajmau, Kanpur Nagar-208010. Tan/Pan: Aempa0823R (Appellant) (Respondent) Assessment Year: 2018-19 Shri Mohammad Asfand Akhtar V. Dcit, Central Circle-Ii Plot No.02, Block-B, Scheme-39, 10/503, Allenganj, Kanpur- Ram Rai Ki Sarai, Jajmau, 208001. Kanpur Nagar-208010. Tan/Pan: Aempa0823R (Appellant) (Respondent) Appellant By: Shri Ashish Jaiswal, Advocate Respondent By: Shri R. K. Agarwal, Cit(Dr) O R D E R

For Appellant: Shri Ashish Jaiswal, AdvocateFor Respondent: Shri R. K. Agarwal, CIT(DR)
Section 143(3)Section 36(1)(va)Section 37Section 41Section 41(1)Section 68Section 69C

…credit. If the company fails to discharge the additional onus, the sum shall be treated as income of the company and added to its income". 77. The judicial pronouncements referred in the Memorandum, inter alia, include ♦ CIT v. Lovely Exports (P.) Ltd. [2008] 216 CTR 195 (SC) The onus cast upon the assessee company was discharged upon disclosure of the names and particulars of the alleged bogus shareholders. It was for the Department to conduct its own enquiry ITA. No.139/LKW/2022 Page 58 of 158 thereafter and additions if any may be made in the hands of the shareholders. ♦ CIT v. Steller Investment Ltd. [2001]…

Mohd. Asfand Akhtar, Kanpur vs. Deputi Commissioner of Income Tax CC-2, Kanpur

In the result, the appeal of Revenue in ITA

ITA 139/LKW/2022[2018-19]Status: DisposedITAT Lucknow26 Sept 2025AY 2018-19

Bench: Shri Sudhanshu Srivastava & Shri Anadee Nath Misshraassessment Year: 2018-19 Dcit, Cc-2 V. Shri Mohammad Asfand Laxmi Niwas, 10/503, Akhtar Allenganj, Kanpur-208001. Plot No.02, Block-B, Scheme-39, Ram Rai Ki Sarai, Jajmau, Kanpur Nagar-208010. Tan/Pan: Aempa0823R (Appellant) (Respondent) Assessment Year: 2018-19 Shri Mohammad Asfand Akhtar V. Dcit, Central Circle-Ii Plot No.02, Block-B, Scheme-39, 10/503, Allenganj, Kanpur- Ram Rai Ki Sarai, Jajmau, 208001. Kanpur Nagar-208010. Tan/Pan: Aempa0823R (Appellant) (Respondent) Appellant By: Shri Ashish Jaiswal, Advocate Respondent By: Shri R. K. Agarwal, Cit(Dr) O R D E R

For Appellant: Shri Ashish Jaiswal, AdvocateFor Respondent: Shri R. K. Agarwal, CIT(DR)
Section 143(3)Section 36(1)(va)Section 37Section 41Section 41(1)Section 68Section 69C

…credit. If the company fails to discharge the additional onus, the sum shall be treated as income of the company and added to its income". 77. The judicial pronouncements referred in the Memorandum, inter alia, include ♦ CIT v. Lovely Exports (P.) Ltd. [2008] 216 CTR 195 (SC) The onus cast upon the assessee company was discharged upon disclosure of the names and particulars of the alleged bogus shareholders. It was for the Department to conduct its own enquiry ITA. No.139/LKW/2022 Page 58 of 158 thereafter and additions if any may be made in the hands of the shareholders. ♦ CIT v. Steller Investment Ltd. [2001]…

M/S. Hhp Hospital Pvt. Ltd., Kolkata vs. DCIT, Circle 11(1), Kolkata

In the result, appeal of the assessee is allowed

ITA 280/KOL/2025[2012-13]Status: DisposedITAT Kolkata19 Sept 2025AY 2012-13

Bench: Shri Manjunatha G & Shri Sonjoy Sarmam/S Hhp Hospital Private Ltd, Vs Dcit, Circle-11(1), Kolkata 2406, Garia Main Road, Kolkata-700084 Pan No. Aabch 2642 B (अपीलधर्थी /Appellant) (प्रत्यर्थी / Respondent) .. निर्धाररती की ओर से /Assessee By : Shri Sunil Surana, Ar रधजस्व की ओर से /Revenue By : Shri Kapil Mandal, Addl.Cit-Sr. Dr सुनवाई की तारीख / Date Of Hearing : 18/09/2025 घोषणा की तारीख/Date Of Pronouncement : 19/09/2025 आदेश / O R D E R Per Manjunatha G, Am: This Appeal Filed By The Assessee Is Directed Against The Order Passed By The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 04.01.2024 Pertaining To Assessment Year 2012-2013. 2. At The Outset, We Note That The Appeal Of The Assessee Is Barred By Limitation By 313 Days, For Which Condonation Petition Is Filed. At The Time Of Hearing The Counsel Of The Assessee Explained The Reason For Delay In Filing The Appeal. The Ld. A.R Did Not Raise Any Objection In Condoning The Delay.

For Appellant: Shri Sunil Surana, ARFor Respondent: Shri Kapil Mandal, Addl.CIT-Sr. DR
Section 131Section 68

…ors in accordance with law but the sum received from the loan creditors cannot be regarded as income of the assessee. This principle is supported by the decision of the Hon’ble Supreme Court in the case of CIT vs. Lovely Exports (P.) Ltd., reported in [(2008) 216 CTR 195 (SC)]. 10. In view of the above and considering the facts and circumstances of the case, we are of the considered view that the Assessing Officer has erred in making the addition towards share capital including share premium 8 ITANo.280/Kol/2025 received from the above said three companies as unexplained cash credit u/s.68 of the Act. The ld. C…