Agroha Fincap Ltd., New Delhi vs. ITO, Ward- 1(4), New Delhi
Appeal is allowed
ITA 8305/DEL/2019[2011-12]Status: DisposedITAT Delhi19 Aug 2025AY 2011-12
Bench: Shri Vikas Awasthyआअसं.8305/िद"ी/2019 (िन.व. 2011-12) Agroha Fincap Ltd., C-51, Mahendru Enclave, G.T. Karnal Road, ...... अपीलाथ"/Appellant New Delhi 110033 Pan: Aaaca-8075-G बनाम Vs. Income Tax Officer, Ward-1(4), ..... "ितवादी/Respondent R.No. 398B, Cr Building, New Delhi 110002 अपीलाथ" "ारा/Appellant By : Shri Suraj Gupta, Advocate "ितवादी"ारा/Respondent By : Shri Manoj Kumar, Sr.Dr सुनवाई क" ितिथ/ Date Of Hearing : 22/05/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 19/08/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-I, New Delhi [In Short ‘The Cit(A)’] Dated 20.08.2019, For Assessment Year 2011-12. 2. Shri Suraj Gupta, Appearing On Behalf Of The Assessee At The Outset Submitted That He Is Not Pressing Legal Ground Raised In Ground No. 2 Of Appeal. Thus, The Primary Issue For Adjudication In Appeal By The Assessee Is Addition Of Rs.25,00,000/- U/S. 68 Of The Income Tax Act,1961(Hereinafter Referred To As ‘The Act’) On Account Of Share Capital/Share Premium Received From M/S. Blue Bell Finance Ltd.
For Appellant: Shri Suraj Gupta, AdvocateFor Respondent: Shri Manoj Kumar, SR.DR
Section 148Section 68Section 69C
…o Jain Brothers and in return has got the benefit of accommodation entries in the form of share capital/premium. It is well settled principle that suspicion, howsoever strong, cannot partake the character of evidence. [Re. Dhakeswari Cotton Mills Ltd. vs. CIT 26 ITR 775 (SC)] Hence, no addition can be made on suspicion and conjectures alone. Considering documents available on record, I find no reason to sustain the addition u/s. 68 of the Act. Therefore, addition of Rs.25,00,000/- is directed to be deleted. The ground no. 3 of appeal is thus, allowed. 6. In ground no. 4 of appeal, the assessee has assailed additi…