CIT v. Value Capital Services (P) Ltd.

307 ITR 334High Court2008#416 most cited

What is CIT v. Value Capital Services (P) Ltd. authority for?

An addition under Section 68 for cash credits or share application money is not sustainable if the Assessing Officer fails to conduct proper investigation into the documentary evidence provided by the assessee regarding the identity, creditworthiness, and genuineness of the transaction.

216

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2009 to 2026.

Also referred to as

CIT v. Value Capital Services (P) Ltd. · 307 ITR 334 · Section 68 · Section 143(3) · cash credits · share application money · onus of proof · genuineness of transaction · creditworthiness of creditor · AO investigation failure

Issues it is cited on

Judgments citing CIT v. Value Capital Services (P) Ltd.

Vashisth Builders and Engineers Pvt. Ltd., New Delhi vs. DCIT, Circle- 26(1), New Delhi

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

ITA 6934/DEL/2018[2012-13]Status: DisposedITAT Delhi11 Oct 2024AY 2012-13

Bench: Shri S. Rifaur Rahman & Shri Sudhir Pareek, Judicialmember Vashisth Builders & Engineers Pvt. Ltd., Vs. Dcit, Circle-26(1), A-52, 2Nd Floor, Fiee Complex, New Delhi Okhla Industrial Area, Phase-2, New Delhi. (Pan: Aabcv3687L) (Appellant) (Respondent) Assessee By : Dr. Rakesh Gupta, Advocate Revenue By : Shir Vivek K. Upadhyay, Sr. Dr. Date Of Hearing : 27.08.2024 Date Of Order : 11.10.2024 O R D E R Per S. Rifaur Rahman, Am : 1. This Appeal Is Filed By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals-10), New Delhi Dated 13.08.2018 For The Assessment Year 2012-13. Aggrieved With The Above Order, Assessee Is In Appeal Before Us By Raising Following Grounds Of Appeal :- I) The Ld. Cit(A) Has Erred In Law & On Facts In Upholding The Assessment Order Passed By The Deputy Commissioner Of Income Tax, Circle 26(1), New Delhi Under Section 143(3) Of The Act, By Making An Addition Of Rs. 7,23,72,000/- Without Appreciating The Facts & 2 Circumstances Of The Case, The Law As Applicable & The Submissions & The Supporting Evidence Produced By The Appellant. Ii) The Ld. Cit(A) Has Erred In Law & On Facts In Upholding The Disallowance / Addition Of Rs. 3,72,000/- Made By The Dcit As Notional Interest On Interest Free Loans Granted By The Appellant Out Of The Interest Expense Claimed By The Appellant Without Appreciating The Facts & Circumstances Of The Case, The Law As Applicable & The Submissions & The Supporting Evidence Produced By The Appellant. Iii) The Ld. Cit(A) Has Erred In Law & On Facts In Upholding The Addition Of Rs. 7,20,000/- Made By The Dcit By Treating The Share Capital Received By The Appellant During The Year As Unexplained Cash- Credit, Without Appreciating The Facts & Circumstances Of The Case, The Law As Applicable & The Submissions & The Supporting Evidence Produced By The Appellant.

For Appellant: Dr. Rakesh Gupta, AdvocateFor Respondent: Shir Vivek K. Upadhyay, Sr. DR
Section 143(3)

…vs. Gangeshwari Metal Pvt. Ltd. (2014) 361 ITR0010 (Delhi)  CIT vs Fair Finvest Ltd., (2013) 357 ITR 146, (High court of Delhi)  CIT vs Oasis Hospitalities (P) Ltd., (2011) 333 ITR 119, (High Court of Delhi)  CIT vs Value capital services (P) Ltd., (2008) 307 ITR 334 (High Court of Delhi)  CIT vs Winstral Petrochemicals (P) Ltd., (2011) 330 ITR 0603 (High Court of Delhi)  CIT vs Expo Globe India Ltd., (2014) 361 ITR 0147 (High Court of Delhi) Adverse observation of Ld. AO and Ld. CIT(A) are met as under: Adverse observation of Ld. AO and Ld. CIT(A) are met as under:- 1. Ld. AO in para 2 at page 2 of the ass…

Ace Cabs Limited, Delhi vs. ACIT, Circle-1(2), Delhi, C R Building

In the result, appeal filed by the assessee is allowed

ITA 443/DEL/2024[2017-18]Status: DisposedITAT Delhi04 Oct 2024AY 2017-18

Bench: Shri Saktijit Dey, Hon’Ble & Shri S.Rifaur Rahmanace Cabs Limited, Vs. Acit, Circle 1 (2), 562, Silver Oak Lane, Delhi. M.G. Road, Ghitorni, Delhi – 110 030. (Pan : Aaica4494R) (Appellant) (Respondent) Assessee By : Shri Gaurav Jain, Advocate Ms. Bharti Sharma, Advocate Revenue By : Shri Kanv Bali, Sr. Dr Date Of Hearing : 23.07.2024 Date Of Order : 04.10.2024 Order Per S.Rifaur Rahman,Am: 1. This Appeal Has Been Filed By The Assessee Against The Order Of Ld. Commissioner Of Income Tax (Appeals), New Delhi [“Ld. Cit(A)”, For Short]/ National Faceless Appeal Centre (Nfac) Dated 12.12.2023 For The Assessment Year 2017-18. 2. The Assessee Submitted An Application Under Rule 29 Of The Itat Rules For Admitting The Additional Evidences & The Contents Thereof Are Reproduced Below:-

For Appellant: Shri Gaurav Jain, AdvocateFor Respondent: Shri Kanv Bali, Sr. DR
Section 142(1)Section 143(2)

…/s 68 of the Act, the burden shifts on the Revenue to prove otherwise. Reliance is placed on following judicial pronouncements for this proposition: a. The decision of the Hon'ble Delhi High Court in the case of CIT v. Value Capital Services (P.) Ltd. [2008] 307 ITR 334, wherein it was held that the amounts received towards share application money cannot be assessed in the hands of the company unless the Department is able to show that the amount received towards the share capital actually emanated from the coffers of the company. b. Pr. CIT vs. Paradise Inland Shipping Pvt. Ltd [2017] 84 taxmann.com 58 (Bombay…

Sandeep Maloo, Mumbai vs. DCIT, CC-1(1), Mumbai

In the result, the appeal of the assessee is allowed

ITA 613/MUM/2023[2013-14]Status: DisposedITAT Mumbai17 Aug 2023AY 2013-14

Bench: Shri Aby T Varkey & Shri Amarjit Singhsandeep Maloo Vs. Dcit-Cc-1(1) Shree Radhey, 21-C, Pratishtha Bhawan, Barwara House, M.K. Road, Civil Lines, Jaipur, Mumbai – 400 020 Rajasthan- 302001 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Afcpm7905F Appellant .. Respondent [ Appellant By : Jayant Bhatt Respondent By : Kishore Dhule Date Of Hearing 12.07.2023 Date Of Pronouncement 17.08.2023 आदेश / O R D E R Per Amarjit Singh (Am): This Appeal Filed By The Assesse Is Directed Against The Order Passed By The Ld. Cit(A)-47, Mumbai, Dated 20.02.2023 For A.Y. 2013- 14. The Assessee Has Raised The Following Grounds Before Us:

For Appellant: Jayant BhattFor Respondent: Kishore Dhule
Section 132Section 153ASection 68

…P a g e | 1 Sandeep Maloo Vs. DCIT, CC-1(1) IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, MUMBAI BEFORE SHRI ABY T VARKEY, JUDICIAL MEMBER & SHRI AMARJIT SINGH, ACCOUNTANT MEMBER Sandeep Maloo Vs. DCIT-CC-1(1) Shree Radhey, 21-C, Pratishtha Bhawan, Barwara House, M.K. Road, Civil Lines, Jaipur, Mumbai – 400 020 Rajasthan- 302001 स्थायी लेखा सं./जीआइआर सं./PAN/GIR No: AFCPM7905F Appellant .. Respondent [ Appellant by : Jayant Bhatt Respondent by : Kishore Dhule Date of Hearing 12.07.2023 Date of Pronouncement 17.08.2023 आदेश / O R D E R Per Amarjit Singh (AM): This appeal filed by the assesse is directed aga…