PCIT v. NDR Promoters Ltd.

410 ITR 379High Court2019#1611 most cited

What is PCIT v. NDR Promoters Ltd. authority for?

The assessee has the onus to prove the identity, creditworthiness, and genuineness of share capital and share premium subscribers under Section 68; merely providing documentation is insufficient if transactions are found to be sham, justifying additions.

70

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2019 to 2025.

Also referred to as

PCIT v. NDR Promoters Ltd. · Section 68 · bogus share capital · share premium · accommodation entries · cash credits · onus of proof · genuineness of transaction · creditworthiness of subscriber · Section 133(6) · human probabilities · sham transactions

Issues it is cited on

Judgments citing PCIT v. NDR Promoters Ltd.

QUEST ONLINE ,KOLKATA vs. ITO,WARD-49(1), KOLKATA. , KOLKATA

In the result, the appeal of the assessee is allowed

ITA 1046/KOL/2023[2020-21`]Status: DisposedITAT Kolkata03 May 2024

Bench: Shri Sanjay Garg & Rajesh Kumari.T.A. No.1046/Kol/2023 Assessment Year: 2020-21 Quest Online…………………………………...............................……….……Appellant Block-A, 3Rd Floor, Room No.24, 1, Chandni Chowk Street, Princep Street, Kolkata – 700072. [Pan:Aaafq4820G] Vs. Ito, Ward-49(1),Kolkata.............…..….…..….........……........……...…..…..Respondent Appearances By: Shri S. M. Surana, Advocate & Sunil Surana, Ca, Appeared On Behalf Of The Appellant. Shri S. Datta, Cit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 02, 2024 Date Of Pronouncing The Order : May 03, 2024 Order Per Rajesh Kumar: The Present Appeal Filed By The Assessee For The Assessment Year 2020-21Against The Order Dated 08.09.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Only Issue Raised In The Various Grounds Of Appeals Is Against The Confirmation Of Addition By Cit(A) Of Rs.14,82,41,932/- As Made By The Assessing Officer U/S 68 Of The Act R.W.S. 115Bbe Of The Act. 3. The Facts In Brief Are That The Assessee Filed Return Of Income On 09.01.2021 Declaring Total Income From Business & Profession At Rs.36,73,790/-. The Case Was Selected For Complete Scrutiny Under Cass & Statutory Notices Were Duly Issued & Served Upon The Assessee. During The Assessment Proceedings, The Various Documents & Evidences Were Called For By The Assessing Officer From The Assessee

Section 115BSection 133(6)Section 143(3)Section 250Section 68

…आयकर अपीलीय अिधकरण, कोलकाता पीठ ‘ए’, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “A”BENCH KOLKATA Before Shri Sanjay Garg, Judicial Member and Rajesh Kumar, Accountant Member I.T.A. No.1046/Kol/2023 Assessment Year: 2020-21 Quest Online…………………………………...............................……….……Appellant Block-A, 3rd Floor, Room No.24, 1, Chandni Chowk Street, Princep Street, Kolkata – 700072. [PAN:AAAFQ4820G] vs. ITO, Ward-49(1),Kolkata.............…..….…..….........……........……...…..…..Respondent Appearances by: Shri S. M. Surana, Advocate & Sunil Surana, CA, appeared on behalf of the appellant. Shri S. Datta, CIT, Sr…

THE HAMLET,BANGALORE vs. THE INCOME-TAX OFFICER-WARD-6(2)(4), BANGALORE

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

ITA 70/BANG/2023[2012-13]Status: DisposedITAT Bangalore16 Nov 2023AY 2012-13

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year : 2012-13 M/S. The Hamlet, No. 11, Kemwell House, The Income Tax Tumkur Road, Officer, Yeshwanthpur, Ward – 6(2)(4), Bangalore – 560 022. Bangalore. Vs. Pan: Aaaft6690D Appellant Respondent Assessee By : Shri H.N. Kincha, Ca : Shri D.K. Mishra, Cit - Revenue By Dr Date Of Hearing : 24-08-2023 Date Of Pronouncement : 16-11-2023 Order Per Beena Pillaipresent Appeal Arises Out Of The Order Dated 27.12.2022 Passed By The Nfac, Delhi For A.Y. 2012-13 On Following Grounds Of Appeal: “1. The Learned Commissioner Of Income Tax (Appeals) Has Erred In Passing The Appellate Order In The Manner Passed. The Appellate Order As Passed Is Bad In Law & Is Liable To Be Quashed. 2. In Any Case, The Learned Commissioner Of Income Tax (Appeals) Has Erred In Confirming The Assessment Order Passed By The Learned Assessing Officer. On The Facts & Circumstances Of The Case, The Learned Commissioner Of Income Tax (Appeals) Should Have Quashed, The Order Passed By Assessing Officer Or Atleast Should Have Deleted The Additions Made By The Assessing Officer.

For Appellant: Shri H.N. Kincha, CA
Section 133(6)Section 148Section 234BSection 68

…e dismissed.” Page 8 of 52 M/s. The Hamlet, Bangalore 2.5. The Ld.CIT(A) thus dismissed the legal issue raised by the assessee. On merits of the case, the Ld.CIT(A) relied on the decisions of Hon’ble Delhi High Court in case of NDR Promoters Ltd. reported in 410 ITR 379 and by applying the test of human probability as laid down by Hon’ble Supreme Court in case of Sumati Dayal reported in 214 ITR 801 and Durga Prasad reported in 82 ITR 540 upheld the action of the Ld.AO by observing as under: “7.12 I find that the entire amount of the so called receipt on sale of shares has been treated correctly as unexplained c…

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PCIT v. NDR Promoters Ltd. (410 ITR 379) — Cited in 70 Judgments | BharatTax