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.

Trijal Enterprises, Bhubaneswar vs. ACIT, Circle- 4(1), Bhubaneswar

ITA 185/CTK/2020[2016-17]Status: DisposedITAT Cuttack15 Nov 2022AY 2016-17

Bench: S/Shri George Mathan & Arun Khodpiaassessment Year : 2016-17 Trijal Enterprises, Hall No.6, Vs. Acit, Circle-4(1), Fourth Floor, Bmc Bhawani Bhubaneswar Coom. Complex, Saheed Nagar, Bhubaneswar. Pan/Gir No.Aakft 6687 L (Appellant) .. ( Respondent) Assessee By : Shri P.K.Mishra,Ca P.K.Panda, Ars Revenue By : Shri M.K.Gautam, Cit Dr Date Of Hearing : 15/11/2022 Date Of Pronouncement : 15/11/2022 O R D E R Per Bench This Is An Appeal Filed By The Assessee Against The Order Of The Ld Cit(A)-1, Bhubaneswar Dated 22.6.2020 In Appeal No.0366/2018-19 For The Assessment Year 2016-17. 2. It Was Submitted By Ld Ar That The Assessee Is A Partnership Firm. The Partnership Firm Was Originally Constituted By Partnership Deed Dated 1.11.2015, Wherein, There Were Two Partners Namely; Shri Rajesh Polaki & Sri Malchit Chetan Kumar Patra. The Said Partnership Did Not Do Any Business. The Partnership Was Constituted For The Purpose Of Doing The Business Of Gold Jewellery. The Partnership Was Reconstituted On 1.3.2016, P A G E 1 | 37 Assessment Year : 2016-17

For Appellant: Shri P.K.Mishra,CA P.K.Panda, ARsFor Respondent: Shri M.K.Gautam, CIT DR
Section 131Section 133(6)Section 143(1)Section 68

…ron & Steel (P.) Ltd. (supra), much water has flown under the bridge and earlier judgements namely Nemi Chand Kothari vs. CIT (264 ITR 254), Metachem Industries (245 ITR 160), CIT vs. ARL Infratech Ltd. (394 ITR 383), CIT vs. Value Capital Services Pvt. Ltd. (307 ITR 334), Lalitha Jewellery Mart Pvt. Ltd. (399 ITR 425), ACIT vs. Adamine Construction (P.) Ltd. (87 taxmann.com 216) and CIT vs. Paradise Inland Shipping Pvt. Ltd. (84 taxmann.com 58) will have no application in the present case where the partner company is a shell company, shown meager income for the year under reference, returned income is low vis-a-…

DCIT-CC-7(3), Mumbai vs. Shri Majni Karamshi Patel, Mumbai

In the result, the cross objections of the assessee and the appeal filed by the revenue is dismissed

ITA 6128/MUM/2019[2014-15]Status: DisposedITAT Mumbai10 Aug 2022AY 2014-15

Bench: Shri Pavan Kumar Gadale & Shri Gagan Goyal, Accountat Member Dcit, Cc-7(3) Vs. Shri Manji Karamshi Room No. 655, Patel Aayakar Bhavan, Office No. 1, Patel M.K.Road, Bhavan-29, Vijaywadi, Mumbai.-400020. Dr. Nagindas N Shah Lane Chira Bazar, Mumbai – 400002. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabpp0130D Appellant .. Respondent Co No. 45/Mum/2021 (A.Y: 2014-15) Shri Manji Karamshi Vs. Dcit, Cc-7(3) Patel Room No. 655, Aayakar Office No. 1, Patel Bhavan, Bhuvan-29, Vijaywadi, M.K .Road, Dr. Nagindas N Shah Mumbai-400002. Lane Chira Bazar, Mumbai – 400002. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabpp0130D Appellant .. Respondent

For Appellant: Shri.Rushab Mehta.ARFor Respondent: Shri .T .Shankar.DR
Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 148Section 68

…ties below have also did not produce any material on record that such investments made in the assessee company was made from coffers of the assessee. We rely upon the decision of the Delhi High Court in the case of CIT vs Value Capital Services P. Ltd. [2008] 307 ITR 334 (Delhi High Court) in which it was held that "dismissing the appeal, that the additional burden was on the Department to show that even if the share applicants did not have the means to make the investment, the investment made by them actually emanated from the coffers of the assessee so as to enable it to be treated as the undisclosed income of…