“bogus share capital”

MS. BESTECH HOSPITALITIES PVT. LTD,NEW DELHI vs. DEPUTY COMMISSIONER OF INCOME TAX, FARIDABAD

Bench: Shri C.N. Prasad & Shri M. Balaganesh, Accontant Member Assessment Year 2011-12 Ms. Bestech Hospitalities Vs. Dcit Pvt. Ltd. Faridabad Unit No.5D, 5Th Floor, Aria, Signature Offices, Jw Marrior Hotel, New Delhi -110037 Pan No.Aaccb2540F Appellant Respondent Appellant Sh. R. S. Ahuja, Ca Sh. Push Deep Singh, Advocate Respondent Smt. Kranti, Cit Dr

view of these facts the AO confronted the Assessee on 18.02.2015 and proposed to make addition of Rs.55 crores on account of such bogus share capital. The Assessee relied upon details such as PAN, ITR, bank statements, confirmations and balance sheet of the share applicants and other submissions to prove

PARK VIEW AUTOMOTIVES PRIVATE LIMITED,DELHI vs. ITO, WARD 19(3), DELHI

In the result, the appeal of the assessee is dismissed

Bench: Ms Madhumita Roy & Shri Naveen Chandraassessment Year : 2012-13 Park View Automotives P. Ltd., Vs. Ito, S-606, School Block, Ward 19(3), Laxmi Nagar, Delhi. Delhi – 110 092. Pan: Aaecp3499H (Appellant) (Respondent) Assessee By : Shri Mukesh Jain, Ca & Shri Samyak Jain, Advocate Revenue By : Shri Manish Gupta, Sr. Dr Date Of Hearing : 05.02.2026 Date Of Pronouncement : 13.02.2026 Order Per Madhumita Roy, Jm:

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : G : NEW DELHI BEFORE MS MADHUMITA ROY, JUDICIAL MEMBER AND SHRI NAVEEN

SRS IT SOLUTIONS P.LTD,NEW DELHI vs. DCIT, CENTRAL CIRCLE-II, FARIDABAD

In the result the appeal of the assessee is allowed

following companies\nwere in receipt of share capital from Kolkata based\nbogus / briefcase companies, which has been proved to\nbe bogus share capital in the hands of the said\ncompanies. From those companies you had received\nmoney directly in your company during the same\nperiod.\nS.No.\nName of the company

DCIT, CIRCLE-7(1), DELHI vs. DEV RUBBER FACTORY PRIVATE LIMITED , DELHI

In the result, appeal of the Revenue is partly allowed

Bench: Shri Anubhav Sharma & Shri Manish Agarwal[Assessment Year : 2017-18] Dcit Vs Dev Rubber Factory Pvt. Ltd. Circle-7(1) 15A/13, Upper Ground Floor, Delhi East Patel Nagar, New Delhi-110008. Pan-Aafcm1581L Appellant Respondent Revenue By Shri Rajesh Kumar Dhanesta, Sr. Dr Assessee By Shri Ankit Gupta, Adv. Date Of Hearing 12.01.2026 Date Of Pronouncement 16.01.2026 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By Revenue Against The Order Dated 30.05.2024 Passed By Ld. Commissioner Of Income Tax (A), National Faceless Appeal Centre (“Nfac”), Delhi [“Ld. Cit(A)”] In Appeal No. Cit (A), Delhi- 3/10359/2019-20 U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising Out Of Assessment Order Dated 22.12.2019 Passed U/S 143(3) Of The Act Pertaining To Assessment Year 2017-18. 2. Brief Facts Of The Case Are That Assessee Company Was Engaged In The Business Of Manufacturing Tubes For Automobile Tyres & E-Filed Its Return Of Income On 28.10.2017 Declaring Income At Inr 77,50,730/-. The Case Was Selected For Scrutiny Assessment Through Cass & Notice U/S 143(2) Was Issued On 10.08.2018. Thereafter Statutory Notice U/S 142(1) Alongwith Questionnaire Were Issued On Various Dates From Time To Time & In Response, The Assessee Has Submitted Its Replies. After Considering The Submissions Filed, Assessment Order Was Passed At An Income Of Inr 3,95,31,243/- Vide Order Dated 22.12.2019 U/S 143(3) Of The Act By Making Following Additions:- (I) Bogus Share Capital U/S 68 Inr 53,50,000/- (Ii) Addition On Account Of Rate & Taxes Inr 9,56,145/- (Iii) Addition Of Bogus Freight & Forwarding Expenses & Business Expenses Inr 59,25,588/- (Iv) Addition Of Vehicle Maintenance Expenses & Business Expenses Inr 81,89,820/-

income of INR 3,95,31,243/- vide order dated 22.12.2019 u/s 143(3) of the Act by making following additions:- (i) Bogus share capital u/s 68 INR 53,50,000/- (ii) Addition on account of rate & taxes INR 9,56,145/- (iii) Addition of bogus freight and forwarding expenses

STONEWELL DEVELOPERS PVT.LTD.,NEW DELHI vs. ACIT, CENTRAL CIRCLE-18, JHANDEWALAN EXTN, NEW DELHI

In the result, the appeal of the Revenue in ITA No

Bench: Shri Satbeer Singh Godara & Shri Naveen Chandra

case, the Ld. CIT(A) has erred in law in deleting the addition of Rs. 9,70,00,000/- made on account of bogus share capital and share premium received by the assessee company without examining and adjudicating upon the merits of the case. 2. On the facts ... case, the Ld. CIT(A) has erred in law in deleting the addition of Rs. 9,70,00,000/- made on account of bogus share capital and share premium received by the assessee company overlooking the provisions of section 68 of the Act as the identity, genuineness and creditworthiness

ACIT, NEW DELHI vs. M/S. STONEWELL DEVELOPERS PVT. LTD., NEW DELHI

In the result, the appeal of the Revenue in ITA No

Bench: Shri Satbeer Singh Godara & Shri Naveen Chandra

case, the Ld. CIT(A) has erred in law in deleting the addition of Rs. 9,70,00,000/- made on account of bogus share capital and share premium received by the assessee company without examining and adjudicating upon the merits of the case. 2. On the facts ... case, the Ld. CIT(A) has erred in law in deleting the addition of Rs. 9,70,00,000/- made on account of bogus share capital and share premium received by the assessee company overlooking the provisions of section 68 of the Act as the identity, genuineness and creditworthiness

DCIT CENTRAL CIRCLE-1, NOIDA vs. NIVEDAN FIN-INVEST LEASE LTD.,, DELHI

In the result, Revenue’s appeal is dismissed

Bench: Ms. Madhumita Roy & Shri Naveen Chandraassessment Year: 2015-16

Mukesh Chokar in his statement u/s 132:4), made on 25.11.2009 admitted that he was in the business of giving bogus bills and bogus share capital entries through a number of its company's including M/s Talent Infoway. Ltd. On the basis of said admission/statement of Shri Mukesh Chokal ... Officer rejected the same as genuine only on account of the statement of Mr. Mukesh Choksi that he was issuing bogus bills and bogus share capital entries through his various concerns, in which he is a director, including Talent Infoway Ltd though in the said admission there is no specific

PASSION REALTECH PVT LTD,GURGAON vs. ;ACIT, CENTRAL CIRCLE-2, FARIDABAD

In the result, Appeals in ITA

Bench: Shri S. Rifaur Rahman & Shri Yogesh Kumar U.S.

result of search on the appellant or gathered during the assessment proceedings to allege, observe or assume that the same has taken bogus share capital. The reference to inquiries is vitiated for being vague and general and non specific, apart from the fact they have not been confronted

PASSION REALTECH PVT LTD,GURGAON vs. ACIT, CENTRAL CIRCLE-2, FARIDABAD

In the result, Appeals in ITA

Bench: Shri S. Rifaur Rahman & Shri Yogesh Kumar U.S.

result of search on the appellant or gathered during the assessment proceedings to allege, observe or assume that the same has taken bogus share capital. The reference to inquiries is vitiated for being vague and general and non specific, apart from the fact they have not been confronted

SUNRISE PROPBUILD PVT LTD.,DELHI vs. ACIT, CENTRAL CIRCLE-2, FARIDABAD

In the result, Appeals in ITA

Bench: Shri S. Rifaur Rahman & Shri Yogesh Kumar U.S.Ita No. 1258/Del/2025 (A.Y. 2012-13) M/S Sunrise Propbuild Pvt. Ltd. V Assistant Commissioner Of House No. B-4, 1St Floor, Shop S Income Tax, Central Circle-Ii, No. 25, Ashirward Complex, Faridabad, Village Pitampura, New Delhi- Haryana-121001 110034 Pan: Aapcs2201K Appellant Respondent Assessee By Sh. S. S. Nagar, Ca Revenue By Ms.Suman Malik, Cit Dr Date Of Hearing 08/09/2025 Date Of Pronouncement 26/11/2025

result of search on the appellant or gathered during the assessment proceedings to allege, observe or assume that the same has taken bogus share capital. The reference to inquiries is vitiated for being vague and general and non specific, apart from the fact they have not been confronted