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 367,154 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.

Karsandas Lalkhman Jhaveri, Mumbai vs. ACIT 18(2), Mumbai

In the result, the appeal filed by the assessee is allowed with no order as to cost

ITA 342/MUM/2017[2012-13]Status: DisposedITAT Mumbai12 Oct 2018AY 2012-13

Bench: Hon’Ble Shri Sandeep Gosain & Hon’Ble Shri N.K. Pradhanm/S. Karsandas Lakhman Acit, Circle 18(2) Jhaveri Room No. 302, 3Rd Floor 219, Shaikh Memon Street Vs. Earnest House, Zaveri Bazar Narimanpoint Mumbai 400002 Mumbai 400021 Pan – Aaafk3837B Appellant Respondent Appellant By: Shri Jitendra Sanghavi & Shri Khatiwala Respondent By: Shri Sachchidanand Dube Date Of Hearing: 12.10.2018 Date Of Pronouncement: 12.10.2018 O R D E R Per Sandeep Gosain, Jm This Appeal Filed By Assessee Is Directed Against The Order Of The Ld. Cit(A)-29, Mumbai Dated 21.11.2016 & It Relates To A.Y. 2012-13. 1. The Brief Facts Of The Case Are That The Assessee Is A Partnership Firm Carrying On The Business Of Dealers & Exporters In Precious Metals, Diamonds, Stones, Gold & Silver Jewellery. Return Of Income For The Year Under Consideration Was Filed On 27.09.2012 Declaring Total Income At `1,48,23,960/-. The Case Was Selected For Scrutiny Under Cass For Reason “Large Amount Of Sundry Creditors”. During The Course Of Assessment Proceedings The Ao Found That Advances Received From One Shri Quasim Mohd Yousuf A Bastak & Smt. Samira Abbas Was Shown In The Books. Assessee Had Shown An Advance Of `1.50 Crores From Shri Quasim Mohd Yousuf A Bastak & `75 Lakhs From Smt. Samira Abbas. It Was Explained

For Appellant: Shri Jitendra Sanghavi &For Respondent: Shri Sachchidanand Dube
Section 68

…e case of CIT Vrs. Orissa Corp Pvt. Ltd. 1986 25 Taxman80F, ACIT Vrs. Swift Sole India Pvt. Ltd. (2018) 95 taxman. 286, Crystal Networks vrs. CIT (2013)33 taxamn.com 432, Hon’ble Delhi High Court in the case of CIT Vrs. Value Capital Services Pvt. Ltd. (2008) 307 ITR 334, Yash Developers vrs. DCIT, (ITAT-Mum), Hon’ble Delhi High Court in 11 M/s. Karsandas Lakhman Jhaveri/ACIT, Circle 18(2) the case of CIT Vrs. Winstral Petro Chemicals Pvt. Ltd. (2011) 10 tasman.com 137. In all the above cases, it has been held that where all the documents are genuine then the additions could not be made as cash credit for advance…