CIT v. MAF Academy (P) Ltd.

361 ITR 258High Court2014#770 most cited

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

Amounts received from bogus share transactions, where a private limited company sells shares to unrelated parties at a huge premium and then repurchases them at a loss shortly after, are taxable as unexplained cash credits under Section 68. The onus to prove identity, creditworthiness, and genuineness of such transactions lies solely on the assessee.

132

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2026.

Also referred to as

CIT v. MAF Academy (P) Ltd. · Section 68 · unexplained cash credit · share application money · share premium · bogus share transactions · identity creditworthiness genuineness · onus on assessee · re-assessment proceedings · paper company

Issues it is cited on

Judgments citing CIT v. MAF Academy (P) Ltd.

ACIT, CENTRAL CIRCLE-15, NEW DELHI vs. LUXMAN BUILDERS PVT. LTD., NEW DELHI

In the result, the CO filed by the assessee is allowed and the appeal filed by the Revenue is dismissed

ITA 817/DEL/2018[2010-11]Status: DisposedITAT Delhi14 Dec 2021AY 2010-11

Bench: Shri R.K. Panda & Shri Kul Bharatassessment Year: 2010-11 Acit, Vs Lumax Builders Pvt. Ltd., Central Circle-15, 25, Bazar Lane, New Delhi. Bengali Market, New Delhi. Pan: Aaacl2184R Co No.93/Del/2018 (Ita No.817/Del/2018) Assessment Year: 2010-11 Lumax Builders Pvt. Ltd., Vs. Acit, 25, Bazar Lane, Central Circle-15, Bengali Market, New Delhi New Delhi. Pan: Aaacl2184R (Appellant) (Respondent) Assessee By : Shri Gautam Jain, Advocate & Shri Lalit Mohan, Advocate Revenue By : Ms Paramita M. Biswas, Cit, Dr Date Of Hearing : 16.09.2021 Date Of Pronouncement : 14.12.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Revenue Is Directed Against The Order Dated 3Rd November, 2017 Of The Cit(A)-26, New Delhi, Relating To Assessment Year 2010- 11. Co No.93/Del/2018 2. The Assessee Has Filed The Co Against The Appeal Filed By The Revenue. For The Sake Of Convenience, These Were Heard Together & Are Being Disposed Of By This Common Order.

For Appellant: Shri Gautam Jain, Advocate &For Respondent: Ms Paramita M. Biswas, CIT, DR
Section 132Section 132(4)Section 153A

…see has miserably failed to prove all the three ingredients required as per the provisions of section 68 of the IT Act. Referring to the following decisions, he submitted that the addition made by the AO was fully justified:- (i) CIT vs MAF Academy Pvt. Ltd., 361 ITR 258; (ii) CIT vs. Navodaya Castles Pvt. Ltd. 367 ITR 306; (iii) Konark Structural Engineering (P) Ltd. vs. DCIT, 90 taxmann.com 56 (Bom); 18 CO No.93/Del/2018 (iv) Prem Castings (P) Ltd. vs. DCIT, 88 taxmann.com 189; (v) CIT Vs. Nipun Builders & Developers Pvt. Ltd. 350 ITR 407; (vi) CIT vs Nova Promoters & Finlease (P) Ltd.,342 ITR 169; (vii) CIT v…

Showing 120 of 132 · Page 1 of 7

CIT v. MAF Academy (P) Ltd. (361 ITR 258) — Cited in 132 Judgments | BharatTax