M/s Bisakha Sales Pvt. Ltd. v. CIT

52 Taxmann.com 305Income Tax Appellate Tribunal2014#6689 most cited

What is M/s Bisakha Sales Pvt. Ltd. v. CIT authority for?

Where an assessee-company receives share application money with a high and unjustified share premium from corporate entities, the Assessing Officer is not justified in accepting the transactions as genuine solely because the amounts were received through banking channels, without conducting proper inquiries.

17

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2016 to 2026.

Also referred to as

Bisakha Sales Pvt. Ltd. v CIT · section 68 · share application money · share premium · unexplained cash credit · genuineness of transaction · accommodation entry · addition u/s 68 · section 131 · section 133 · section 142

Issues it is cited on

Judgments citing M/s Bisakha Sales Pvt. Ltd. v. CIT

ITO, Ward-5(1), Kolkata vs. M/S Fastflow Securities (P) Ltd, Kolkata

ITA 32/KOL/2021[2012-13]Status: DisposedITAT Kolkata13 Jul 2023AY 2012-13

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. No. 32/Kol/2021 Assessment Year: 2012-13 Ito, Ward-5(1), Kolkata...................……….........…..........………...…… Appellant Vs. M/S. Fastflow Securities Pvt. Ltd.........…....…….......….....…...…....... Respondent 41, N.S. Kolkata - 70001 [Pan: Aabcf8361P] Appearances By: Shri G. Hukugha Sema, Cit-Dr, Appeared On Behalf Of The Appellant. Shri V.K. Jain, Fca, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : June 15Th, 2023 Date Of Pronouncing The Order : July 13Th, 2023 आदेश / Order Per Dr. Manish Borad, Accounant Member: The Present Appeal Has Been Preferred By The Revenue Against The Order Dated 02.09.2020 Of The Commissioner Of Income Tax (Appeals)-7, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Registry Has Pointed Out That There Is A Delay Of 35 (Thirty Five) Days In Filing The Present Appeal Before The Tribunal. The Impugned Order By Ld. Cit(A) Is Dated 02/09/2020 Which Falls Within The Period Of Pandemic Of Covid-19. Petition For Condonation Of Delay Is Placed On Record By Revenue Explaining The Reasons For Delay, Owing To Pandemic Of Covid-19 During That Time. We Note That The Period Of Delay Falls During The Time Of Pandemic Of I.T.A. No. 32/Kol/2021 Assessment Year: 2012-13 M/S. Fastflow Securities Pvt. Ltd

Section 131Section 133(6)Section 143(2)Section 250Section 68

…आयकर अपीलीय अिधकरण, कोलकाता पीठ ‘सी’, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH KOLKATA "ी संजय गग", "ाियक सद" एवं "ी िगरीश अ"वाल, लेखा सद" के सम" Before Shri Sanjay Garg, Judicial Member and Dr. Manish Borad, Accountant Member I.T.A. No. 32/Kol/2021 Assessment Year: 2012-13 ITO, Ward-5(1), Kolkata...................……….........…..........………...…… Appellant vs. M/s. Fastflow Securities Pvt. Ltd.........…....…….......….....…...…....... Respondent 41, N.S. Kolkata - 70001 [PAN: AABCF8361P] Appearances by: Shri G. Hukugha Sema, CIT-DR, appeared on behalf of the appellant. Shri V.K. Jain, FCA, appeared…

ITO, Ward-4(1), Kolkata vs. M/S Tara Re-Rolling Pvt. Ltd, Kolkata

ITA 49/KOL/2021[2012-13]Status: DisposedITAT Kolkata01 May 2023AY 2012-13

Bench: Shri Sanjay Garg, Judical Member & Dr. Manish Boradi.T.A. No.49/Kol/2021 Assessment Year: 2012-13 Ito, Ward-4(1), Kolkata............................................................................Appellant Vs. M/S Tara Re-Rolling Pvt. Ltd..................................................................Respondent 1/1A, Vansittart Row, Dalhousie, 1St Floor, Room No.6A, Kolkata-1. [Pan:Aabct3982C] Appearances By: Shri Rajeeva Kumar, Adv., Appeared On Behalf Of The Appellant. Shri P. P. Barman, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 22, 2023 Date Of Pronouncing The Order : May 01, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Revenue Against The Order Dated 02.09.2020 Of The Commissioner Of Income Tax (Appeals)-7, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Revenue In This Appeal Is Aggrieved By The Action Of The Cit(A) In Deleting The Additions Made By The Assessing Officer In Respect Of Receipt Of Rs.4,53,50,000/- By The Assessee Company Which Was Treated By The Assessing Officer As Unexplained Income Of The Assessee U/S 68 Of The Act On The Ground That The Assessee Had Failed To Establish The Identity, Genuineness & Creditworthiness Of The Share Subscribers.

Section 131Section 133(6)Section 250Section 68

…आयकर अपील"य अ"धकरण, कोलकाता पीठ ‘बी’, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH KOLKATA "ी संजय गग", "या"यक सद"य एवं "ी मनीष बोरड, लेखा सद"य के सम" Before Shri Sanjay Garg, Judical Member and Dr. Manish Borad, Accountant Member I.T.A. No.49/Kol/2021 Assessment year: 2012-13 ITO, Ward-4(1), Kolkata............................................................................Appellant vs. M/s Tara Re-Rolling Pvt. Ltd..................................................................Respondent 1/1A, Vansittart Row, Dalhousie, 1st Floor, Room No.6A, Kolkata-1. [PAN:AABCT3982C] Appearances by: Shri Rajeeva…

ITO, Ward-6(1), Kolkata vs. M.D.Ornaments (P) Ltd, Kolkata

ITA 646/KOL/2020[2012-13]Status: DisposedITAT Kolkata19 Apr 2023AY 2012-13

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.646/Kol/2020 Assessment Year: 2012-13 Ito, Ward-6(1), Kolkata...................……….........…..........….…… Appellant Vs. M/S M.D. Ornaments Pvt. Ltd..….....……........….....…...…..…..... Respondent 1/1A, Vansittart Row, Dalhousie, Kolkata-1. [Pan:Aaacd9561A] Appearances By: Shri Rajeeva Kumar, Adv., Appeared On Behalf Of The Appellant. Shri Vijay Kumar, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 09, 2023 Date Of Pronouncing The Order : April 19, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Revenue Against The Order Dated 02.09.2020 Of The Commissioner Of Income Tax (Appeals)-7, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Revenue In This Appeal Is Aggrieved By The Action Of The Cit(A) In Deleting The Additions Made By The Assessing Officer In Respect Of Receipt Of Rs.2,28,00,000/- By The Assessee Company Which Was Treated By The Assessing Officer As Unexplained Income Of The Assessee U/S 68 Of The Act On The Ground That The Assessee Had Failed To Establish The Identity, Genuineness & Creditworthiness Of The Share Subscribers.

Section 131Section 133(6)Section 142(1)Section 250Section 68

…आयकर अपील"य अ"धकरण, कोलकाता पीठ ‘सी’, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH KOLKATA "ी संजय गग", "या"यक सद"य एवं "ी "गर"श अ"वाल, लेखा सद"य के सम" Before Shri Sanjay Garg, Judicial Member and Shri Girish Agrawal, Accountant Member I.T.A. No.646/Kol/2020 Assessment Year: 2012-13 ITO, Ward-6(1), Kolkata...................……….........…..........….…… Appellant vs. M/s M.D. Ornaments Pvt. Ltd..….....……........….....…...…..…..... Respondent 1/1A, Vansittart Row, Dalhousie, Kolkata-1. [PAN:AAACD9561A] Appearances by: Shri Rajeeva Kumar, Adv., appeared on behalf of the appellant. Shri Vijay Kumar, Addl.…

M/s Bisakha Sales Pvt. Ltd. v. CIT (52 Taxmann.com 305) — Cited in 17 Judgments | BharatTax