CIT v. Steller Investment Ltd.

251 ITR 263Supreme Court of India2001#379 most cited

What is CIT v. Steller Investment Ltd. authority for?

An increase in a company's subscribed share capital cannot be treated as the company's undisclosed income under section 68, even if the subscribers to the capital are found not to be genuine. The amount of share capital cannot be regarded as undisclosed income of the company itself.

233

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2010 to 2026.

Also referred to as

CIT v. Steller Investment Ltd. · Section 68 Income Tax Act · bogus share capital · share application money · creditworthiness of subscriber · genuineness of transaction · onus of proof · undisclosed income of company · paper company · conversion of black money

Also reported as

115 Taxmann 99

Sections most often in play

Section 68Section 143(3)Section 133(6)Section 147Section 131Section 139(1)Section 153ASection 69C

Issues it is cited on

bogus share capitalcreditworthiness of the creditoronus of proofsource of sourceretracted statementpaper companyshare capital and share premiumshare application moneyaddition under section 68addition u/s 68genuineness of the transactionsection 132(1)

Judgments citing CIT v. Steller Investment Ltd.

ACIT CC-3(2), `Chennai vs. Suryadev Alloys & Power P Ltd, Chennai

ITA 1747/CHNY/2017[2008-09]Status: DisposedITAT Chennai17 Dec 2021AY 2008-09

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./Ita Nos.:1982, 1746, 1747, 1748, 1749, 1750 & 1751/Chny/2017 िनधा"रण वष" / Assessment Years: 2013-14, 2007-08, 2008-09, 2009-10, 2010-11, 2011-12 & 2012-13 The Acit, M/S. Suryadev Alloys & Central Circle – 3(2), Power Pvt. Ltd., V. Chennai – 600 034. No.497 & 498, Isana Building, 8Th Floor, Poonamallee High Road, Arumbakkam, Chennai – 600 106. Pan: Aakcs 1246B (अपीलाथ"/Appellant) (""यथ"/Respondent) & आयकर अपील सं./Ita Nos.:1788/Chny/2017 िनधा"रण वष" / Assessment Year: 2013-14 M/S. Suryadev Alloys & Power The Acit, Pvt. Ltd., Central Circle – 3(2), V. No.497 & 498, Isana Building, Chennai – 600 034. 8Th Floor,Poonamallee High Road, Arumbakkam, Chennai – 600 106. Pan: Aakcs 1246B (अपीलाथ"/Appellant) (""यथ"/Respondent) &

For Appellant: Shri S. Sridhar, AdvocateFor Respondent: Shri S. Bharat, CIT-DR
Section 113Section 153BSection 68

…ineness and credit worthiness are deeper and obstrusive aspects. 2.4 The ld. CI”F(A) ought to have appreciated that the decisions of Hon’ble Supreme Court in the case of M/s Lovely Exports Pvt Ltd (216 CTR 195 - January 2008) and M/s Steller Investments Ltd (251 ITR 263 - July 2000) are distinguishable one to the facts of the case of the assessee in that, in the present case, the investing companies were non-existent and as such the question of reopening of assessment in the hands of the non-existent investors does not arise. 2.5 The ld.CIT(A) ought to have appreciated that the decision of Hon’ble High Court of…

ACIT CC-3(2), Chennai vs. Suryadev Alloys & Power P Ltd, Chennai

ITA 1746/CHNY/2017[2007-08]Status: DisposedITAT Chennai17 Dec 2021AY 2007-08

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./Ita Nos.:1982, 1746, 1747, 1748, 1749, 1750 & 1751/Chny/2017 िनधा"रण वष" / Assessment Years: 2013-14, 2007-08, 2008-09, 2009-10, 2010-11, 2011-12 & 2012-13 The Acit, M/S. Suryadev Alloys & Central Circle – 3(2), Power Pvt. Ltd., V. Chennai – 600 034. No.497 & 498, Isana Building, 8Th Floor, Poonamallee High Road, Arumbakkam, Chennai – 600 106. Pan: Aakcs 1246B (अपीलाथ"/Appellant) (""यथ"/Respondent) & आयकर अपील सं./Ita Nos.:1788/Chny/2017 िनधा"रण वष" / Assessment Year: 2013-14 M/S. Suryadev Alloys & Power The Acit, Pvt. Ltd., Central Circle – 3(2), V. No.497 & 498, Isana Building, Chennai – 600 034. 8Th Floor,Poonamallee High Road, Arumbakkam, Chennai – 600 106. Pan: Aakcs 1246B (अपीलाथ"/Appellant) (""यथ"/Respondent) &

For Appellant: Shri S. Sridhar, AdvocateFor Respondent: Shri S. Bharat, CIT-DR
Section 113Section 153BSection 68

…ineness and credit worthiness are deeper and obstrusive aspects. 2.4 The ld. CI”F(A) ought to have appreciated that the decisions of Hon’ble Supreme Court in the case of M/s Lovely Exports Pvt Ltd (216 CTR 195 - January 2008) and M/s Steller Investments Ltd (251 ITR 263 - July 2000) are distinguishable one to the facts of the case of the assessee in that, in the present case, the investing companies were non-existent and as such the question of reopening of assessment in the hands of the non-existent investors does not arise. 2.5 The ld.CIT(A) ought to have appreciated that the decision of Hon’ble High Court of…

ACIT CC-3(2), Chennai vs. Bmp Steels P Ltd, Thiruvallur

ITA 1745/CHNY/2017[2012-13]Status: DisposedITAT Chennai17 Dec 2021AY 2012-13

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./Ita Nos.:1982, 1746, 1747, 1748, 1749, 1750 & 1751/Chny/2017 िनधा"रण वष" / Assessment Years: 2013-14, 2007-08, 2008-09, 2009-10, 2010-11, 2011-12 & 2012-13 The Acit, M/S. Suryadev Alloys & Central Circle – 3(2), Power Pvt. Ltd., V. Chennai – 600 034. No.497 & 498, Isana Building, 8Th Floor, Poonamallee High Road, Arumbakkam, Chennai – 600 106. Pan: Aakcs 1246B (अपीलाथ"/Appellant) (""यथ"/Respondent) & आयकर अपील सं./Ita Nos.:1788/Chny/2017 िनधा"रण वष" / Assessment Year: 2013-14 M/S. Suryadev Alloys & Power The Acit, Pvt. Ltd., Central Circle – 3(2), V. No.497 & 498, Isana Building, Chennai – 600 034. 8Th Floor,Poonamallee High Road, Arumbakkam, Chennai – 600 106. Pan: Aakcs 1246B (अपीलाथ"/Appellant) (""यथ"/Respondent) &

For Appellant: Shri S. Sridhar, AdvocateFor Respondent: Shri S. Bharat, CIT-DR
Section 113Section 153BSection 68

…ineness and credit worthiness are deeper and obstrusive aspects. 2.4 The ld. CI”F(A) ought to have appreciated that the decisions of Hon’ble Supreme Court in the case of M/s Lovely Exports Pvt Ltd (216 CTR 195 - January 2008) and M/s Steller Investments Ltd (251 ITR 263 - July 2000) are distinguishable one to the facts of the case of the assessee in that, in the present case, the investing companies were non-existent and as such the question of reopening of assessment in the hands of the non-existent investors does not arise. 2.5 The ld.CIT(A) ought to have appreciated that the decision of Hon’ble High Court of…

ACIT CC-3(2), Chennai vs. Bmp Steels P Ltd, Thiruvallur

ITA 1744/CHNY/2017[2011-12]Status: DisposedITAT Chennai17 Dec 2021AY 2011-12

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./Ita Nos.:1982, 1746, 1747, 1748, 1749, 1750 & 1751/Chny/2017 िनधा"रण वष" / Assessment Years: 2013-14, 2007-08, 2008-09, 2009-10, 2010-11, 2011-12 & 2012-13 The Acit, M/S. Suryadev Alloys & Central Circle – 3(2), Power Pvt. Ltd., V. Chennai – 600 034. No.497 & 498, Isana Building, 8Th Floor, Poonamallee High Road, Arumbakkam, Chennai – 600 106. Pan: Aakcs 1246B (अपीलाथ"/Appellant) (""यथ"/Respondent) & आयकर अपील सं./Ita Nos.:1788/Chny/2017 िनधा"रण वष" / Assessment Year: 2013-14 M/S. Suryadev Alloys & Power The Acit, Pvt. Ltd., Central Circle – 3(2), V. No.497 & 498, Isana Building, Chennai – 600 034. 8Th Floor,Poonamallee High Road, Arumbakkam, Chennai – 600 106. Pan: Aakcs 1246B (अपीलाथ"/Appellant) (""यथ"/Respondent) &

For Appellant: Shri S. Sridhar, AdvocateFor Respondent: Shri S. Bharat, CIT-DR
Section 113Section 153BSection 68

…ineness and credit worthiness are deeper and obstrusive aspects. 2.4 The ld. CI”F(A) ought to have appreciated that the decisions of Hon’ble Supreme Court in the case of M/s Lovely Exports Pvt Ltd (216 CTR 195 - January 2008) and M/s Steller Investments Ltd (251 ITR 263 - July 2000) are distinguishable one to the facts of the case of the assessee in that, in the present case, the investing companies were non-existent and as such the question of reopening of assessment in the hands of the non-existent investors does not arise. 2.5 The ld.CIT(A) ought to have appreciated that the decision of Hon’ble High Court of…

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

…ITR 155 (Del.), Commissioner of Income- Tax vs Winstral Petrochemicals p. Ltd. 201 1 330 ITR 603 (Del.), CIT v. Divine Leasing and Finance Ltd. [2008] 299 ITR 268 (Delhi), CIT v. Stellar Investments Ltd 192 ITR 287 (Del.) & CIT v. Stellar Investment Ltd 2001 251 ITR 263 (SC) and contented that the appellant duly discharged the initial burden to establish the identity, creditworthiness and genuineness by submitting necessary documentary evidences in respect of the shares application money. Reliance is also placed on the judgments in CIT v. Lovely Exports Pvt. Ltd. 319 ITR (ST.) 5 (SC), CIT v. Divine Leasing & Fin…

ACIT, Central Circle- 15, New Delhi vs. Hal Offshore Ltd., New Delhi

In the result, we hold that addition of share capital in the year under consideration has been made without relying on any incriminating material found during the course of search

ITA 6956/DEL/2018[2015-16]Status: DisposedITAT Delhi14 Dec 2021AY 2015-16

Bench: Shri R.K. Panda & Shri Kul Bharatassessment Year: 2015-16 Acit, Vs Hal Offshore Ltd., Central Circle-15, 25, Bazar Lane, New Delhi. Bengali Market, New Delhi. (Appellant) (Respondent) Assessee By : Shri Gautam Jain, Advocate & Shri Lalit Mohan, Ca 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 2Nd August, 2018 Of The Cit(A)-26, New Delhi, Relating To Assessment Year 2015-16. 2. Facts Of The Case, In Brief, Are That The Assessee Is One Of The Group Companies Of Mmg Group & Has Business Interest In Several Segments Like Chartering & Leasing Of Vessels To Ongc & Shipping, Etc. In This Case, A Search & Seizure Operation U/S 132 Of The It Act, 1961 Was Carried Out On 28Th March, 2015. During The Course Of Search, Documents & Data Storage Devices, Etc., Belonging To The Assessee Were Found & Seized. The Assessee Filed Its Return Of Income On 29Th July, 2016 For The Assessment Year 2015-16 Declaring The Total Income At Rs.12,15,49,580/-. Notice U/S 143(2) Was Issued On 20Th May, 2016 Which Was Duly Served On The Assessee. Subsequently, Notice U/S 142(1) Along With A Questionnaire Was Issued To The Assessee Calling For Certain Information. The Assessee Complied To The Said Questionnaire By Filing The Requisite Details.

For Appellant: Shri Gautam Jain, Advocate &For Respondent: Ms Paramita M. Biswas, CIT, DR
Section 132Section 132(4)Section 142(1)Section 143(2)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : E : NEW DELHI BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI KUL BHARAT, JUDICIAL MEMBER Assessment Year: 2015-16 ACIT, Vs Hal Offshore Ltd., Central Circle-15, 25, Bazar Lane, New Delhi. Bengali Market, New Delhi. (Appellant) (Respondent) Assessee by : Shri Gautam Jain, Advocate & Shri Lalit Mohan, CA 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 2nd August, 2018 of the CIT(A)-26, New Delhi, relating t…

ACIT, Central Circle- 15, New Delhi vs. Moon Beverages Ltd., New Delhi

In the result, we hold that addition of share capital in the year under consideration has been made without relying on any incriminating material found during the course of search

ITA 6955/DEL/2018[2014-15]Status: DisposedITAT Delhi14 Dec 2021AY 2014-15

Bench: Shri R.K. Panda & Shri Kul Bharatassessment Year: 2014-15 Acit, Vs Moon Beverages Ltd., Central Circle-15, 25, Bazar Lane, New Delhi. Bengali Market, New Delhi. Pan: Aaacm1635J Co No.06/Del/2019 (Ita No.6955/Del/2018) Assessment Year: 2014-15 Moon Beverages Ltd., Vs. Acit, 25, Bazar Lane, Central Circle-15, Bengali Market, New Delhi New Delhi. Pan: Aaacm1635J (Appellant) (Respondent) Assessee By : Shri Gautam Jain, Advocate & Shri Lalit Mohan, Ca 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 2Nd August, 2018 Of The Cit(A)-26, New Delhi, Relating To Assessment Year 2014-15. Co No.06/Del/2019 The Assessee Has Filed Co Against The Appeal Filed By The Revenue. For The Sake Of Convenience, These Were Heard & Are Being Disposed Of By This Common Order.

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

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : E : NEW DELHI BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI KUL BHARAT, JUDICIAL MEMBER Assessment Year: 2014-15 ACIT, Vs Moon Beverages Ltd., Central Circle-15, 25, Bazar Lane, New Delhi. Bengali Market, New Delhi. PAN: AAACM1635J CO No.06/Del/2019 (ITA No.6955/Del/2018) Assessment Year: 2014-15 Moon Beverages Ltd., Vs. ACIT, 25, Bazar Lane, Central Circle-15, Bengali Market, New Delhi New Delhi. PAN: AAACM1635J (Appellant) (Respondent) Assessee by : Shri Gautam Jain, Advocate & Shri Lalit Mohan, CA Revenue by : Ms Paramita M. Biswas, CIT-DR Date of Hea…

ITO, New Delhi vs. M/S. Cintec Steel Pvt. Ltd., New Delhi

The appeal of the Revenue is partly allowed for statistical purpose

ITA 4455/DEL/2016[2012-13]Status: DisposedITAT Delhi12 Oct 2021AY 2012-13

Bench: Shri N. K. Billaiya & Ms Suchitra Kamble

Section 133(6)Section 68

…ot do anything to bring tangible adverse evidence on record. For the proposition that the initial burden of the assessee gets discharged on furnishing the ITR copies, Bank Statements and Confirmations from the Parties: a. CIT V. Steller Investment Ltd. (2001) 251 ITR 263 (SC); b. CIT v. Divine Leasing & Finance Ltd. (2007) 158 Taxman 440 (Del.) c. CIT vs. Kamdhenu Steel and Alloys Ltd., & Ors. 361 ITR 220 (Del.) d. CIT Vs. Lovely Exports (P) Ltd. [2008] 299 ITR 268 (SC); For the proposition that that non-compliance to the summons u/s 131 by the creditor cannot be held against the assessee as it is for the AO to t…

Mahendra H. Shah, Mumbai vs. ITO - Ward- 4 (1)(3), Mumbai

ITA 6892/MUM/2018[2012-13]Status: DisposedITAT Mumbai27 Sept 2021AY 2012-13

Bench: Shri C.N. Prasad, Hon’Bleshri Mahendra H. Shah V. Income Tax Officer – 4(1)(3) 6Th Floor, Aayakar Bhavan C/O. The Presscopper Industries M.K. Road, Mumbai - 400020 175, Kika Street Mumbai – 400004 Pan: Aafps0929R (Appellant) (Respondent)

For Appellant: Vimal PunmiyaFor Respondent: Smita Verma
Section 132(4)Section 133(4)Section 143(1)Section 143(2)Section 68

…are given to the AO, then the Department is free to proceed to reopen their individual assessments in accordance with law, but it cannot be regarded as undisclosed income of assessee company." (viii) In the case of CIT vs. Steller- Investment Ltd reported in 251 ITR 263, Hon'ble Apex court decided that “That the increase in subscribed capital of the respondentcompany could not be a device of converting black money into white with the help of 37 Shri Mahendra H. Shah formation of an investment company, on the round that, even if it be assumed that the subscribers to the increased capital were not genuine, under n…

Indravadan Hanjarimal Jain, Mumbai vs. Asst CIT 31(2), Mumbai

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

ITA 278/MUM/2020[2008-09]Status: DisposedITAT Mumbai08 Sept 2021AY 2008-09

Bench: Shri Rajesh Kumar & Shri Ravish Sood

For Appellant: Shri Jain Dixit, A.RFor Respondent: Ms. Shreekala Pardesh, D.R
Section 143(3)Section 147Section 148Section 148(2)Section 234BSection 271(1)(c)Section 68

…s shareholders, whose names are given to the AO, then the Department is free to proceed to reopen their individual assessments in accordance with law, but it cannot be regarded as undisclosed income of assessee company." CIT vs. Steller Investment Ltd (2001) 251 ITR 263 (SC) (civil appeal) "That the increase in subscribed capital of the respondent company could not be a device of converting black money into white with the help of formation of an investment company, on the round that, even if it be assumed that the subscribers to the increased capital were not genuine, tinder no circumstances could the amount of…

DCIT CC-4(2), Mumbai vs. M/S Sumatichand Gouti Jewellers Pvt. Ltd., Mumbai

In the result, the present appeal is partly allowed

ITA 2757/MUM/2019[2008-09]Status: DisposedITAT Mumbai07 Sept 2021AY 2008-09

Bench: Shri Shamim Yahya & Shri Pavan Kumar Gadaledcit, Cc- 4(2) M/S Sumatichand Gouti बनाम/ R.No. 1918, 19Th Floor, Air Jewellers Pvt Ltd, Vs. 4Th Floor, 80/82, Dhanji India Bldg, Nariman Point, Mumbai – 400021. Street, Mumbai – 400 004

For Appellant: Shri Vijay Kumar Menon. DRFor Respondent: Shri Mani Jain. AR
Section 132(4)Section 142(1)Section 143(1)Section 143(3)Section 148Section 68

…ned share application money does not arise since even the source of the source has been found to be explained by the jurisdictional AO of M/s ASPL. 6.9 The Hon'ble Supreme Court in the cases of Lovely Exports (P) Ltd (216 TR 195) and Steller Investment Ltd (251 ITR 263) and the Hon'ble Delhi High Court in the case of Dwarkadhish Investments (P) Ltd (330 hR 298) which has been affirmed by the Supreme Court have held that once the identity of the creditor is established and the transactions are through banking channels, no addition can be made in the hands of the recipient assessee. It is also relevant to note th…

DCIT, New Delhi vs. M/S. Jaguar Buildcon Pvt. Ltd., New Delhi

In the result, both the appeals of the Revenue are dismissed

ITA 284/DEL/2015[2012-13]Status: DisposedITAT Delhi31 Aug 2021AY 2012-13

Bench: Shri Amit Shukla & Shri Prashant Maharishi

For Appellant: Ms. Sunita Singh, CIT-DRFor Respondent: Shri Rakesh Joshi, CA
Section 127Section 132Section 133(6)Section 139(1)Section 143(1)Section 153ASection 68

…cannot be sustained. ” In the case of the appellant as well, Ld. AO has simply acted on the report of the Investigation Wing and conducted no meaningful enquiry at his level. So, there was no case for making the addition. CIT v. Steller Investment Ltd. [2001] 251 ITR 263/1 1 5 Taxman 99(SC) In this case, Hon’ble Supreme Court affirmed the view of Delhi High Court in the case of CIT v. Steller Investment Ltd. [1991] 192 ITR 287/59 Taxman 568, that reads as under: "It is evident that even if it be assumed that the subscribers to the increased share capital were not genuine, nevertheless, under no circumstances, can…

DCIT, New Delhi vs. M/S. Jaguar Buildcon Pvt. Ltd., New Delhi

In the result, both the appeals of the Revenue are dismissed

ITA 283/DEL/2015[2011-12]Status: DisposedITAT Delhi31 Aug 2021AY 2011-12

Bench: Shri Amit Shukla & Shri Prashant Maharishi

For Appellant: Ms. Sunita Singh, CIT-DRFor Respondent: Shri Rakesh Joshi, CA
Section 127Section 132Section 133(6)Section 139(1)Section 143(1)Section 153ASection 68

…cannot be sustained. ” In the case of the appellant as well, Ld. AO has simply acted on the report of the Investigation Wing and conducted no meaningful enquiry at his level. So, there was no case for making the addition. CIT v. Steller Investment Ltd. [2001] 251 ITR 263/1 1 5 Taxman 99(SC) In this case, Hon’ble Supreme Court affirmed the view of Delhi High Court in the case of CIT v. Steller Investment Ltd. [1991] 192 ITR 287/59 Taxman 568, that reads as under: "It is evident that even if it be assumed that the subscribers to the increased share capital were not genuine, nevertheless, under no circumstances, can…

M/S Namdhari Industrial Traders Pvt. Ltd., Ludhiana vs. ACIT, Ludhiana

ITA 917/CHANDI/2016[2012-13]Status: DisposedITAT Chandigarh14 Jun 2021AY 2012-13
For Appellant: Shri S.K. Mukhi, AdvFor Respondent: Shri Ashok Khanna, Addl.CIT
Section 131(1)(d)Section 133(6)Section 143(2)Section 143(3)Section 250(6)Section 68

…आयकर अपील"य अ"धकरण, च"डीगढ़ "यायपीठ “बी”, च"डीगढ़ IN THE INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BENCH ‘B’, CHANDIGARH BEFORE: SMT.ANNAPURNA GUPTA, ACCOUNTANT MEMBER AND SHRI R.L. NEGI, JUDICIAL MEMBER आयकर अपील सं./ ITA No.917/Chd/2016 "नधा"रण वष" / Assessment Year : 2012-13 Namdhari Industrial Traders बनाम The A. C.I.T., Pvt. Ltd., Circle V 515/5, Industrial Area-B, Ludjhiana. Ludhiana. "थायी लेखा सं./PAN NO: AA CCN 2429B अपीलाथ"/Appellant ""यथ"/Respondent "नधा"रती क" ओर से/Assessee by : Shri S.K. Mukhi, Adv. राज"व क" ओर से/ Revenue by : Shri Ashok Khanna, Addl.CIT सुनवाई क" तार"ख/Date of Hearing : 18.03.20…

Asst CC 1 (3), Mumbai vs. M/S Neminath Associates, Mumbai

In the result, appeals of the revenue are dismissed

ITA 8043/MUM/2019[2013-14]Status: DisposedITAT Mumbai14 Jun 2021AY 2013-14

Bench: Shri C.N. Prasad, Hon'Ble & Shri M. Balaganesh, Hon'Ble

For Appellant: Ms. Hema SharmaFor Respondent: Shri Tharian Oommen
Section 143(3)Section 147Section 271(1)(c)Section 68

…us shareholders, whose names are given to the AO, then the Department is free to proceed to reopen their individual assessments in accordance with law, but it cannot be regarded as undisclosed income of assessee company." CIT vs. Steller Investment Ltd (2001) 251 ITR 263 (SC) (civil appeal) "That the increase in subscribed capital of the respondent company could not be a device of converting black money into white with the help of formation of an investment company, on the round that, even if it be assumed that the subscribers to the increased capital were not genuine, tinder no circumstances could the amount of…

Asst CIT CC 1 (3), Mumbai vs. M/S Neminath Associates, Mumbai

In the result, appeals of the revenue are dismissed

ITA 8035/MUM/2019[2012-13]Status: DisposedITAT Mumbai14 Jun 2021AY 2012-13

Bench: Shri C.N. Prasad, Hon'Ble & Shri M. Balaganesh, Hon'Ble

For Appellant: Ms. Hema SharmaFor Respondent: Shri Tharian Oommen
Section 143(3)Section 147Section 271(1)(c)Section 68

…us shareholders, whose names are given to the AO, then the Department is free to proceed to reopen their individual assessments in accordance with law, but it cannot be regarded as undisclosed income of assessee company." CIT vs. Steller Investment Ltd (2001) 251 ITR 263 (SC) (civil appeal) "That the increase in subscribed capital of the respondent company could not be a device of converting black money into white with the help of formation of an investment company, on the round that, even if it be assumed that the subscribers to the increased capital were not genuine, tinder no circumstances could the amount of…

Asst CIT CC 1 (3), Mumbai vs. M/S Neminath Associates, Mumbai

In the result, appeals of the revenue are dismissed

ITA 8034/MUM/2019[2011-12]Status: DisposedITAT Mumbai14 Jun 2021AY 2011-12

Bench: Shri C.N. Prasad, Hon'Ble & Shri M. Balaganesh, Hon'Ble

For Appellant: Ms. Hema SharmaFor Respondent: Shri Tharian Oommen
Section 143(3)Section 147Section 271(1)(c)Section 68

…us shareholders, whose names are given to the AO, then the Department is free to proceed to reopen their individual assessments in accordance with law, but it cannot be regarded as undisclosed income of assessee company." CIT vs. Steller Investment Ltd (2001) 251 ITR 263 (SC) (civil appeal) "That the increase in subscribed capital of the respondent company could not be a device of converting black money into white with the help of formation of an investment company, on the round that, even if it be assumed that the subscribers to the increased capital were not genuine, tinder no circumstances could the amount of…

Asst CIT CC 1 (3), Mumbai vs. M/S M/S Neminath Homes P Ltd., Mumbai

In the result, appeals of the revenue are dismissed

ITA 8028/MUM/2019[2011-12]Status: DisposedITAT Mumbai14 Jun 2021AY 2011-12

Bench: Shri C.N. Prasad, Hon'Ble & Shri M. Balaganesh, Hon'Ble

For Appellant: Shri Prakash JunjunwalaFor Respondent: Shri Tharian Oommen
Section 143(3)Section 147Section 271(1)(c)Section 68

…us shareholders, whose names are given to the AO, then the Department is free to proceed to reopen their individual assessments in accordance with law, but it cannot be regarded as undisclosed income of assessee company." CIT vs. Steller Investment Ltd (2001) 251 ITR 263 (SC) (civil appeal) "That the increase in subscribed capital of the respondent company could not be a device of converting black money into white with the help of formation of an investment company, on the round that, even if it be assumed that the subscribers to the increased capital were not genuine, tinder no circumstances could the amount of…

Asst CIT CC 1 (3), Mumbai vs. M/S Neminath Enterprises, Mumbai

In the result, appeals of the revenue are dismissed

ITA 7989/MUM/2019[2012-13]Status: DisposedITAT Mumbai14 Jun 2021AY 2012-13

Bench: Shri C.N. Prasad, Hon'Ble & Shri M. Balaganesh, Hon'Ble

For Appellant: Ms. Hema SharmaFor Respondent: Shri Tharian Oommen
Section 147Section 68

…us shareholders, whose names are given to the AO, then the Department is free to proceed to reopen their individual assessments in accordance with law, but it cannot be regarded as undisclosed income of assessee company." CIT vs. Steller Investment Ltd (2001) 251 ITR 263 (SC) (civil appeal) "That the increase in subscribed capital of the respondent company could not be a device of converting black money into white with the help of formation of an investment company, on the round that, even if it be assumed that the subscribers to the increased capital were not genuine, tinder no circumstances could the amount of…

Asst CIT CC 1 (3), Mumbai vs. M/S Neminath Enterprises, Mumbai

In the result, appeals of the revenue are dismissed

ITA 7988/MUM/2019[2011-12]Status: DisposedITAT Mumbai14 Jun 2021AY 2011-12

Bench: Shri C.N. Prasad, Hon'Ble & Shri M. Balaganesh, Hon'Ble

For Appellant: Ms. Hema SharmaFor Respondent: Shri Tharian Oommen
Section 147Section 68

…us shareholders, whose names are given to the AO, then the Department is free to proceed to reopen their individual assessments in accordance with law, but it cannot be regarded as undisclosed income of assessee company." CIT vs. Steller Investment Ltd (2001) 251 ITR 263 (SC) (civil appeal) "That the increase in subscribed capital of the respondent company could not be a device of converting black money into white with the help of formation of an investment company, on the round that, even if it be assumed that the subscribers to the increased capital were not genuine, tinder no circumstances could the amount of…