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.

Ambey Laboratories Limited, Delhi vs. Assistant Commissioner of Income Tax, Delhi

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

ITA 2334/DEL/2024[2017-18]Status: DisposedITAT Delhi27 Jun 2025AY 2017-18

Bench: Shri Vikas Awasthy & Shri S.Rifaur Rahmanambey Laboratories Limited, Vs. Acit, Circle 2(2), Ground Floor, Property No.555, Delhi. Tarla Mohalla Ghitorni, Delhi – 110 030. (Pan : Aaaca4317R) (Appellant) (Respondent) Assessee By : Ms. Apoorva Bhardwaj, Ca Revenue By : Shri Ashish Tripathi, Sr. Dr Date Of Hearing : 24.04.2025 Date Of Order : 27.06.2025 O R D E R Per S.Rifaur Rahman: 1. This Appeal Is Filed By The Assessee Against The Order Of Ld. Commissioner Of Income-Tax (Appeals)/National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Ld. Cit (A)] Dated 31.01.2024 For Assessment Year 2017-18. 2. Brief Facts Of The Case Are, Assessee Filed Its Return Of Income On 04.11.2017 Declaring Loss Of Rs.15,30,39,,439/-. The Case Was Selected For Scrutiny Under Cass & Notices Under Section 143(2) & 142(1) Of The Income-Tax

For Appellant: Ms. Apoorva Bhardwaj, CAFor Respondent: Shri Ashish Tripathi, Sr. DR
Section 143(2)Section 36(1)(vii)Section 36(2)Section 68

…ing routed through legitimate banking channels, where payment was made through account payee cheques in such a case there is no reason to doubt the genuineness of the transaction. The Hon'ble Supreme Court in the case of CIT vs Lovely Exports Pvt. Ltd. (2008) 216 CTR 195 (SC) has observed that, even if the share capital money is received by the assessee from alleged bogus shareholders, whose names are given to the AO, then the Department is free to proceed to reopen their individual assessment in accordance with law, but it cannot be regarded as undisclosed income of the assessee company. 5. Once the Lender confi…

Nu Pharmalogics Private Limited, Secunderabad vs. Income Tax Officer, Ward-16(2), Hyderabad

In the result, both the appeals in ITA

ITA 1165/HYD/2019[2011-12]Status: DisposedITAT Hyderabad28 Feb 2025AY 2011-12

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita Nos.1165/Hyd/2019 & 302/Hyd/2017 (िनधा"रण वष"/Assessment Year: 2011-12 & 2012-13) Nu Pharmalogics (P) Ltd Vs. Income Tax Officer Hyderabad Ward-16(2) Pan:Aaccn2913J Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri Spg Mudaliar, Dr सुनवाई की तारीख/Date Of Hearing: 23/12/2024 घोषणा की तारीख/Pronouncement: 28/02/2025

For Appellant: Shri P Murali Mohan Rao, CAFor Respondent: : Shri SPG Mudaliar, DR
Section 143(2)

…nfirmation as well as extracts of their financial statements showing these transactions, duly recorded in their books of account. In support of his contention, he has relied upon the decision of the Hon'ble Supreme Court in the case of Lovely Exports Pvt Ltd (216 CTR 195) as well as the judgments in the cases of Vaishnodevi Refoils & Solvex (96 Taxmann.com 469), Page 14 of 24 ITA Nos 1165 and 302 NU Pharmalogics P Ltd Orchird Industries (116 Taxmann.com 113) and Chain House International (P) Ltd (103 Taxmann.com 435). 17. On the other hand, the learned DR has submitted that once the Assessing Officer has rece…