CIT v. Real Time Marketing (P) Ltd.

306 ITR 35High Court2008#4506 most cited

What is CIT v. Real Time Marketing (P) Ltd. authority for?

An addition under Section 68 for share application money cannot be made solely on the basis that the money deposited in the bank account of a third party was the assessee's money, if there is no material to link the assessee with the deposit.

26

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2015 to 2025.

Also referred to as

CIT v Real Time Marketing (P) Ltd · section 68 · share application money · addition · unexplained cash credit · source of source · genuineness of transaction · accommodation entry · paper company · shell company · burden of proof

Issues it is cited on

Judgments citing CIT v. Real Time Marketing (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

…2022 Page 14 of 158 • Hon'ble Gujarat High Court, in the case of Dy. CIT v. Rohini Builders [2002] 256 ITR 360 /[2003] 127 Taxman 523 • Nemi Chand Kothari 136 Taxman 213, (supra), the Hon'ble Guahati High Court • CIT v Real Time Marketing (P) Ltd reported in 306 ITR 35 • CIT v. S. Kamaljeet Singh [2005] 147 Taxman 18(AII.) • S.K. Bothra & Sons, HUF vs. Income Tax Officer, Ward- 46(3), Kolkata 347 ITR 347 7.7 The appellant has further also contended in the written submission and emphasized during his oral argument that the Assessing Officer has failed to either controvert the documentary evidence filed by the app…

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

…2022 Page 14 of 158 • Hon'ble Gujarat High Court, in the case of Dy. CIT v. Rohini Builders [2002] 256 ITR 360 /[2003] 127 Taxman 523 • Nemi Chand Kothari 136 Taxman 213, (supra), the Hon'ble Guahati High Court • CIT v Real Time Marketing (P) Ltd reported in 306 ITR 35 • CIT v. S. Kamaljeet Singh [2005] 147 Taxman 18(AII.) • S.K. Bothra & Sons, HUF vs. Income Tax Officer, Ward- 46(3), Kolkata 347 ITR 347 7.7 The appellant has further also contended in the written submission and emphasized during his oral argument that the Assessing Officer has failed to either controvert the documentary evidence filed by the app…

SINGH INFRASTRUCTURES INDIA PVT LTD,GURGAON vs. DCIT-CIRCLE-24(2), NEW DELHI

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

ITA 2670/DEL/2019[2014-15]Status: DisposedITAT Delhi21 Feb 2023AY 2014-15

Bench: Shri Shamim Yahya & Shri C.M. Gargassessment Year: 2014-15 Singh Infrastructure India Pvt. Ltd., Vs. Dcit, 9, Bougain Villa Marg, Circle-24(2), Dlf Phase-2, New Delhi. Gurgaon, Haryana – 122001. Pan: Aajcs3083M (Appellant) (Respondent) Assessee By : Ms Ayushi Gupta, Ca & Shri Ajay Wadhwa, Advocate Revenue By : Shri Abhishek Kumar, Sr. Dr Date Of Hearing : 28.11.2023 Date Of Pronouncement : 21.02.2023 Order Per C.M. Garg, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 01.02.2019 Of The Cit(A)-8, New Delhi, Relating To Assessment Year 2014-15. 2. The Grounds Of Appeal Taken By The Assessee Read As Under:- “That The Order Of Ld. Cit(A) - 8, Dated 01/02/2019 Is Bad In Law • & On Facts. • That The Ld. Cit(A) Has Erred On Facts & In Law In Sustaining The Addition Of Rs. 2,86,50,000/- Representing Unsecured Loan Creditors U/S 68 Of The Income Tax Act, 1961. • The Ld. Cit(A) Has Erred On Facts & In Law In Holding That The Assessee Has Failed To Discharge The Onus Of Proving Credit-Worthiness Of Lenders. • That The Ld. Cit(A) Has Erred On Facts & In Law By Not Accepting The Application Under Rule 46A For Additional Evidence. • That The Ld. Cit(A) Has Erred On Facts By Stating That The Assessee Has Not Made Any Application U/R 46A For The Admission Of Additional Evidences. The Assessee Had Duly Filed An Application U/R 46A Dated 15/01/2019 For Additional Evidences Along With The Submissions & Other Evidences Which The Ld. Cit(A) Failed To Consider & Thereby Incorrectly Alleged At Pg. 8,1St Para, 3Rd Line That No Application U/R 46A Has Been Filed. • That The Appellant Craves To Amend/Alter/Modify The Grounds Of Appeal And/Or To Raise Additional Grounds Of Appeal.”

For Appellant: Ms Ayushi Gupta, CA &For Respondent: Shri Abhishek Kumar, Sr. DR
Section 68

…ble Supreme Court in the case of Orissa Corporation Pvt. Ltd., 159 ITR 78 (SC); judgement of the Hon’ble jurisdictionall High Court of Delhi in the case of Mod Creations Pvt. Ltd., 354 ITR 282 (Del); the judgement in the case of Real Time Marketing Pvt. Ltd., 306 ITR 35; and the order of the ITAT Delhi Bench in the case of AI Developers Pvt. Ltd., reported as 46 ITR (T) 321-ITAT Delhi, and other orders of the coordinate Benches of the ITAT to submit that no addition is called for in the hands of the assessee u/s 68 of the Act under the facts and circumstances of the present case. 8. Replying to the above, the ld…

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CIT v. Real Time Marketing (P) Ltd. (306 ITR 35) — Cited in 26 Judgments | BharatTax