PCIT v. Vaishnodevi Refoils & Solvex

89 Taxmann.com 80High Court2018#2530 most cited

What is PCIT v. Vaishnodevi Refoils & Solvex authority for?

The addition of share application money to the income of the assessee under Section 68 is not justified if the assessee has discharged the initial onus by providing complete particulars and documentary evidence of the creditor, and the Revenue has failed to prove otherwise. The Supreme Court has also dismissed the Revenue's SLP in this matter.

46

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2018 to 2026.

Also referred to as

PCIT v. Vaishnodevi Refoils & Solvex · Section 68 · share application money · onus of proof · creditworthiness of creditor · addition u/s 68 · Section 143(3) · Section 153A · accumulated profits · permanent account number · paper company · shell company · entry operator · disallowance of interest expenditure · source of source

Issues it is cited on

Judgments citing PCIT v. Vaishnodevi Refoils & Solvex

DCIT, C.C.-3(4), Kolkata vs. M/S Tanishque Trade Link Pvt. Ltd, Howrah

In the result, appeal of the revenue is dismissed

ITA 17/KOL/2021[2008-09]Status: DisposedITAT Kolkata16 Mar 2023AY 2008-09

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 17/Kol/2021 Assessment Year: 2008-09 Deputy Commissioner Of Income Tanishque Tradelink Pvt. Ltd. Tax, Central Circle-3(4), Kolkata Vs Bhabatarini Apartment G.T. Road, Room No. 602 Howrah - 711201 [Pan : Aacct7512R] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri A.K. Tibrewal, Fca Revenue By : Shri Biswanath Das, Cit D/R सुनवाई क" तारीख/Date Of Hearing : 18/01/2023 घोषणा क" तारीख /Date Of Pronouncement: 16/03/2023 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-6, Kolkata (Hereinafter The “Ld. Cit(A)”) Dated 24/09/2020, Passed U/S 250 Of The Income Tax Act, 1961 (‘The Act’), For Assessment Year 2008-09. 2. The Revenue Has Raised The Following Grounds Of Appeal:- “1. That On Facts & In The Circumstances Of The Case, The Ld. Cit(A) Has Erred In Law As Well As In Facts In Allowing The Bogus Share Capital Raised In The Books Of The Assessee Without Appreciating The Fact That The Assessee Failed To Discharge Its Primary Onus To Prove & Establish The Identity & Creditworthiness Of The Investor Companies & Genuineness Of The Transaction. 2. That On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Has Erred In Law As Well As In Facts In Ignoring That The Identity & Creditworthiness Of The Shareholders & Even The Genuineness Of The Transactions Remained Unexplained. 3. That On Facts & In The Circumstances Of The Case, The Ld. Cit(A) Has Erred In Not Invoking His Powers U/S. 250(4) Of The I.T. Act, 1961 In Directing The Assessing Officer To Make Further Enquiry & Report The Results Of The

For Appellant: Shri A.K. Tibrewal, FCAFor Respondent: Shri Biswanath Das, CIT D/R
Section 133(6)Section 143(3)Section 147Section 148Section 14ASection 250Section 250(4)Section 263Section 68

…| आयकर अपीलीय अिधकरण "यायपीठ, कोलकाता | IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, KOLKATA BEFORE SHRI SANJAY GARG, HON’BLE JUDICIAL MEMBER & DR. MANISH BORAD, HON’BLE ACCOUNTANT MEMBER I.T.A. No. 17/Kol/2021 Assessment Year: 2008-09 Deputy Commissioner of Income Tanishque Tradelink Pvt. Ltd. Tax, Central Circle-3(4), Kolkata Vs Bhabatarini Apartment G.T. Road, Room No. 602 Howrah - 711201 [PAN : AACCT7512R] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee by : Shri A.K. Tibrewal, FCA Revenue by : Shri Biswanath Das, CIT D/R सुनवाई क" तारीख/Date of Hearing : 18/01/2023 घोषणा क" तारीख /Date of Pronounce…

ACIT Central-2, Indore vs. M/S Mayur Industries, Fatepur

In the result, appeal filed by the Revenue is dismissed

ITA 212/IND/2021[2018-19]Status: DisposedITAT Indore15 Mar 2023AY 2018-19

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyaniit(Ss)A No.212/Ind/2021 (Assessment Year: 2018-19) Vs. Acit, Central-2, M/S. Mayur Industries, Indore Khandwa "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Abefm 4664 K (Appellant) .. (Respondent) Revenue By : Shri P. K. Mishra, Cit.D.R. Shri S.N. Agrawal, Ca Assessee By : 19.12.2022 Date Of Hearing Date Of Pronouncement 15.03.2023 O R D E R Per Ms. Madhumita Roy - Jm: The Instant Appeal Filed By The Revenue Is Directed Against The Order Dated 26.08.2021 Passed By The Ld. Cit(A)-3, Bhopal (M.P.) (Hereinafter Referred To As ‘Ld. Cit(A)’) Arising Out Of The Order Dated 30.12.2019 Passed By The Dcit (Central)-2, Indore (Hereinafter Referred To As ‘Ld. Ao’) Under Section 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For Assessment Year (Hereinafter Referred To As ‘A.Y.’) 2018-19 With The Following Ground:

For Appellant: 19.12.2022For Respondent: Shri P. K. Mishra, CIT.D.R
Section 132Section 143(2)Section 143(3)Section 153ASection 68

…SS 212 of 2021 1 Mayur Ind. IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE (CONDUCTED THROUGH VIRTUAL COURT) BEFORE Ms. MADHUMITA ROY, JUDICIAL MEMBER & SHRI BHAGIRATH MAL BIYANI, ACCOUNTANT MEMBER IT(SS)A No.212/Ind/2021 (Assessment Year: 2018-19) Vs. ACIT, Central-2, M/s. Mayur Industries, Indore Khandwa "थायी लेखा सं./जीआइआर सं./PAN/GIR No. : ABEFM 4664 K (Appellant) .. (Respondent) Revenue by : Shri P. K. Mishra, CIT.D.R. Shri S.N. Agrawal, CA Assessee by : 19.12.2022 Date of Hearing Date of Pronouncement 15.03.2023 O R D E R PER Ms. MADHUMITA ROY - JM: The instant appeal filed by the Revenue is…

ACIT, Circle-3(2), Ahmedabad vs. M/S. Kraft Laminate, Ahmedabad

In the result, the appeal of the Revenue is partly allowed

ITA 1841/AHD/2018[2015-16]Status: DisposedITAT Ahmedabad16 Mar 2022AY 2015-16

Bench: Shri P.M. Jagtap, Vice- & Shri T.R. Senthil Kumarassessment Years : 2015-16 Assistant Commissioner Of M/S. Kraft Laminate, Income-Tax, Vs C/O. Laxmi Timber, Nr. Circle 3(2), Ahmedabad Mahalaxmi Textile Mill, Opp. Rajbai Patel Timber Market, Narol Naroda Highway, Narol, Ahmedabad-382405 Pan : Aamfk 8120 F अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Revenue By : Shri V.K. Singh, Sr. Dr Assessee By : Shri Manish J. Shah, Advocate सुनवाई क" तार"ख/Date Of Hearing : 24/02/2022 घोषणा क" तार"ख /Date Of Pronouncement: 16/03/2022 आदेश/O R D E R Per P.M. Jagtap, Vice-:

For Appellant: Shri Manish J. Shah, AdvocateFor Respondent: Shri V.K. Singh, Sr. DR
Section 68

…आयकर अपील"य अ"धकरण, अहमदाबाद "यायपीठ ‘‘सी’’ अहमदाबाद। IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, AHMEDABAD (through web-based video conferencing platform) ] ] BEFORE SHRI P.M. JAGTAP, VICE-PRESIDENT AND SHRI T.R. SENTHIL KUMAR, JUDICIAL MEMBER Assessment Years : 2015-16 Assistant Commissioner of M/s. Kraft Laminate, Income-tax, Vs C/o. Laxmi Timber, Nr. Circle 3(2), Ahmedabad Mahalaxmi Textile Mill, Opp. Rajbai Patel Timber Market, Narol Naroda Highway, Narol, Ahmedabad-382405 PAN : AAMFK 8120 F अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Revenue by : Shri V.K. Singh, Sr. DR Assessee by : Shri Manish J. Shah,…

M/S Shreenath Holdings Pvt. Ltd., Howrah vs. I.T.O., Ward-5(1), Kolkata

In the result, appeal of the assessee is allowed

ITA 2390/KOL/2019[2012-13]Status: DisposedITAT Kolkata26 Feb 2020AY 2012-13

Bench: Shri J. Sudhakar Reddy, Hon’Ble] I.T.A. No. 2390/Kol/2019 Assessment Year: 2012-13 M/S. Shreenath Holding Pvt. Ltd…………...……………....……..…………..………………....……Appellant 33/34, Ramlal Mukherjee Lane 2Nd Floor Room No. 2D Howrah - 711106 [Pan: Aadcs 5887 P] Vs. Income Tax Officer, Ward-5(1), Kolkata…………………………..............….....….…......Respondent Appearances By: Shri Sunil Surana, A/R, Appeared On Behalf Of The Assessee. Shri Jayanta Khanra, Jcit, Sr. D/R, Appearing On Behalf Of The Revenue Date Of Concluding The Hearing : February 24Th, 2020 Date Of Pronouncing The Order : February 26Th, 2020 O R D E R Per J. Sudhakar Reddy, Am :- This Appeal Filed By The Assessee Is Directed Against The Order Of The Learned Commissioner Of Income Tax (Appeals) – 2, Kolkata, (Hereinafter The “Ld.Cit(A)”), Passed U/S. 250 Of The Income Tax Act, 1961 (The ‘Act’), Dt. 17/10/2019, For The Assessment Year 2012-13. 2. The Assessee Is A Company & Is Engaged In The Business Of Trading & Distribution Of Goods. It Filed Its Return Of Income On 16/08/2012 Declaring Total Income Of Rs.15,500/-. During The Year, The Assessee Raised Share Capital Including Premium Amounting To Rs.1,13,55,000/-. The Assessing Officer Conducted Enquiries & The Assessee Presented The Share Holders Including The Directors Of The Share Holding Companies Before The Assessing Officer. After Due Enquiry, The Assessing Officer Accepted The Explanations Of The Assessee That The Cash Credits In The Form Of Share Capital Were Genuine, Except In The Case Of M/S. Seacom Merchants, Which Had Applied For Shares. An Amount Of Rs. 20,00,000/- Pertaining To M/S. Seacom Merchants, Was Added.

Section 143(3)Section 144Section 250Section 68

…IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA ‘SMC’ BENCH, KOLKATA [Before Shri J. Sudhakar Reddy, Hon’ble Accountant Member] I.T.A. No. 2390/Kol/2019 Assessment Year: 2012-13 M/s. Shreenath Holding Pvt. Ltd…………...……………....……..…………..………………....……Appellant 33/34, Ramlal Mukherjee Lane 2nd Floor Room No. 2D Howrah - 711106 [PAN: AADCS 5887 P] Vs. Income Tax Officer, Ward-5(1), Kolkata…………………………..............….....….…......Respondent Appearances by: Shri Sunil Surana, A/R, appeared on behalf of the assessee. Shri Jayanta Khanra, JCIT, Sr. D/R, appearing on behalf of the Revenue Date of concluding the hearing : Febr…