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“share capital and share premium”

Cash Credits & Unexplained ItemsSection 68Section 68694 judgments

The decision most relied on for share capital and share premium is CIT v. Divine Leasing & Finance Ltd. (299 ITR 268), cited in 426 judgments on BharatTax.

Leading authorities on share capital and share premium

CIT v. Divine Leasing & Finance Ltd.
299 ITR 268 · 2008 · High Court
426
citing judgments

The Assessing Officer cannot add share capital or share premium amounts if the assessee provides the identity and creditworthiness of the subscriber and establishes the genuineness of the transaction. The court may admit additional evidence under Rule 46A, such as the PAN identity of the creditor.

CIT v. Gagandeep Infrastructure (P.) Ltd.
394 ITR 680 · 2017 · High Court
303
citing judgments

Under Section 68, an assessee is only required to prove the identity and creditworthiness of the immediate creditor or share subscriber and the genuineness of the transaction. The assessee is not obligated to establish the 'source of the source' of funds or the creditworthiness of sub-lenders, as this information may not be within the assessee's special knowledge.

Vodafone India Services (P.) Ltd. v. Union of India
368 ITR 1 · 2014 · High Court
172
citing judgments

The issue of shares and share premium is a capital account transaction, not an income-generating event, therefore Chapter X (Transfer Pricing) provisions are not attracted to deem notional or hypothetical income from such transactions.

MOD Creation Pvt Ltd. v. Case
354 ITR 282 · 2013 · High Court
154
citing judgments

Under Section 68 of the Income-tax Act, the initial burden is on the assessee to establish the authenticity of transactions for unexplained credits. Once authenticity is proven, this burden shifts, and the assessee is not required to prove the genuineness or source of funds of the creditor beyond this.

CIT v. Ultra Modern Exports (P.) Ltd.
40 Taxmann.com 458 · 2013 · High Court
135
citing judgments

An addition under Section 68 for cash credits like share capital or premium cannot be sustained if the assessee provides the identity, creditworthiness, and genuineness of the transaction, and the Assessing Officer fails to conduct further enquiries into the 'source of source' or the ultimate source of funds of the investor/creditor.

CIT v. Empire Builtech (P.) Ltd.
366 ITR 110 · 2014 · High Court
110
citing judgments

For additions under Section 68 related to share capital and premium, the assessee must prove the genuineness of the transaction and the creditworthiness of the investors, beyond merely disclosing their identities. Additions are permissible for amounts attributable to investors whose particulars remain unverified or who fail to respond to inquiries.

PCIT v. Paradise Inland Shipping Pvt. Ltd.
84 Taxmann.com 58 · 2017 · High Court
87
citing judgments

In reassessment proceedings initiated on the ground that companies providing share capital were non-existent, if the assessee provides documentary evidence of their existence, the burden shifts to the revenue to establish reasons for reassessment.

Jatia Investment Co. v. CIT
206 ITR 718 · 1994 · High Court
77
citing judgments

An addition under Section 68 for unexplained cash credits cannot be made when there is no actual cash credit or flow of funds, such as in cases of share swaps or notional credits.

Judgments citing share capital and share premium

Garv Associates, Faridabad vs. ITO Ward-1(3), Faridabad

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

ITA 1267/DEL/2023[2012-13]Status: DisposedITAT Delhi28 Jul 2023AY 2012-13

Bench: Shri Chandra Mohan Garg & Shri Pradip Kumar Kediaassessment Year: 2012-13 M/S. Garv Associates, Ito Ward -1(3), Faridabad B/105, Green Field Colony, Sarai Khawaja, Faridabad, Haryana 121010 Vs. Pan Aajfg 5926 E (Appellant) (Respondent) For Assessee : Shri Dinesh Kumar Aggarwal, Ca Revenue For : Shri Om Prakash, Sr. Dr Date Of Hearing : 08.06.2023 Date Of Pronouncement : 28.07.2023 Order Per Chandra Mohan Garg, J.M. This Appeal Has Been Filed Against The Order Of Ld. Nfac, New Delhi Dated 08.03.2023 For Ay 2012-13. 2. The Ld. Assessee’S Representative Submitted That The Assessee, Except Ground No. 10, Does Not Want To Press Other Grounds Of Appeal Hence, Other Grounds Of Appeal Are Dismissed. Remaining Sole Effective Ground No. 10 Reads As Follows:- 10) The Ld. Cit (A) Has Erred In Interpreting Provision Of Section 68 After Considering Facts & Circumstances Of The Matter In Respect Of Unsecured Loans Of Rs. 40,00,000/-, Raising The Following Questions:- I. Whether, 'First Proviso' Of 'Section 68' Of The Income Tax Act, 1961 Is Squarely Covered Transaction In The Nature Of Unsecured Loans' Or Shall Restricted To Credits On Account Of 'Share Application Money', 'Share Capital', Share Premium Etc.? Ii. Whether, As Per Provisions Of Section 68 Of The Income Tax Act, 1961, The Assessee Has Not Discharged Its Initial Onus To Prove: (1) Identity Of The Creditor Lenders; (2) Credit-Worthiness Of The Creditor Lender; & (3) Genuineness Of The Transaction. By Submitting Following Set Of Documentation:

For Appellant: Shri Dinesh Kumar Aggarwal, CA
Section 68

submitted that the first proviso to sec 68 of the Act is restricted to credits on account share application money, share capital and share premium etc. and this does not apply to transactions in the nature of unsecured loans therefore the addition is not sustainable on this

Ronit Capital Management Ltd., Mumbai vs. ITO 4 (2)(1), Mumbai

ITA 6679/MUM/2019[2012-13]Status: DisposedITAT Mumbai24 Jul 2023AY 2012-13

Bench: Shri Aby T. Varkey, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.6679/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2012-13) M/S. Ronit Capital बिधम/ Ito-4(2)(1) Management Ltd. 644, Aayakar Bhavan, M. Vs. 233, Shreeji Industrial K. Road, Mumbai- Estate, Subhash Road, 400020. Jogeshwari (E)-400060. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaach9239D (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Dharmesh Shah/Ms. Mitali Gopani Revenue By: Smt Riddhi Mishra (Dr) सुनवाई की तारीख / Date Of Hearing: 30/05/2023 घोषणा की तारीख /Date Of Pronouncement: 24/07/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Company Against The Order Of The Ld. Cit(A)-9, Mumbai Dated 23.08.2019 For Ay. 2012-13 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Confirming The Addition To The Tune Of Rs.10,43,77,000/- U/S 68 Of The Income Tax Act, 1961 (Hereinafter “The Act”). 3. Brief Facts Are That The Assessee Had Filed Return Of Income On 30.09.2012 Declaring Total Income To The Tune Of Rs.70,768/-. Later, The Case Of The Assessee Was Selected For Scrutiny. The Ao Noted That The Assessee Had Only Partly Complied With The Notice Issued By Him On 30.01.2015 & Therefore In View Of The Non-Compliance, He Framed Best Judgment Assessment U/S 144 Of The Act, Making Several Additions Totalling Rs 68.83 Crores, Which Are As Under: -

For Appellant: Shri Dharmesh Shah/Ms. MitaliFor Respondent: Smt Riddhi Mishra (DR)
Section 133(6)Section 144Section 68

share. It is noted that, in the remand proceedings, the assessee has furnished complete details in support of share capital and share premium raised during the year. The AO thereafter had made enquiries u/s 133(6) from all the investors for carrying out independent verification of these

Mesers S R Ingosts Private Limited, Raipur vs. Assistant Commissioner of Income Tax, Central Circle-1, Raipur

In the result Revised Ground no 4 of the assessee is partly allowed

ITA 4/RPR/2020[2011-12]Status: DisposedITAT Raipur09 Jun 2023AY 2011-12

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं./Ita No.04/Rpr/2020 (Assessment Year: 2011-2012) M/S S R Ingots Pvt. Ltd., Vs Acit, Cc-1, Raipur House No.16, Opp.Cg Gramin Bank, Choubey Colony, Raipur Pan No. :Aaics 5559 D (अपीलाथ" /Appellant) .. (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri Ajoy Kumar Singh & Smt. Surbhi Jain, Ars राज"व क" ओर से /Revenue By : Smt. Ila M. Parmar, Cit-Dr सुनवाई क" तार"ख / Date Of Hearing : 12/04/2023 घोषणा क" तार"ख/Date Of Pronouncement : 09/06/2023 आदेश / O R D E R Per Arun Khodpia, Am :

For Appellant: Shri Ajoy Kumar Singh & Smt. Surbhi JainFor Respondent: Smt. Ila M. Parmar, CIT-DR
Section 132Section 147Section 148Section 153ASection 68

income at Rs. Nil. During the course of search and seizure operation it was unearthed that the assessee company has received share capital and share premium in AY 2011-12. The maximum share capital and premium has been received through Kolkata based shell companies. Therefore ... perused the relevant material available on record. It is observed that the claim of having received the amount in question towards share capital and share premium during the earlier F.Y. 1999-2000 relevant to A.Y. 2000-01 and not during the year under consideration was not accepted

Jt CIT(OSD)-Central Circle-1(4), Mumbai vs. Vainavin Realty Pvt Ltd, Mumbai

In the result, the appeal filed by the revenue is dismissed

ITA 878/MUM/2022[2014-15]Status: DisposedITAT Mumbai26 May 2023AY 2014-15

Bench: Us The Ld Counsel For The Assessee Submitted That This Issue Is Covered By Series Of Decision In The Group Case Of The Assessee & In Support, Decision Of Itat In The Case Of Jcit(Osd) Vs. Nabendu Engineering Pvt. Ltd Ita No. 875/Mum/2022 Dated 12.12.2022 Wherein, Exactly Similar Grounds Were Raised Except In Variations In Figures Of Share Application Money. In This Case Also The Assessee Has Filed Application Under Rule 27 Of The Income Tax (Appellate Tribunal) Rules, 1963 Raising Legal Issue Contending That Before The Ld Cit (A) The Assessee Has Raised These Legal Grounds That The Addition Made By The Ao Are Not Based On Any Incriminating Material Or Evidence Found During The Course Of Search Relating To The Additions Made By The Ao & Is Beyond The Scope Of Section 153C Of The Act. The Said Grounds Read As Under:-

Section 132(1)Section 139Section 143(3)Section 153CSection 153C(1)Section 68

huge premium of Rs.40/- per share. 23. These incriminating materials discredit the arguments of assessee and establishes the fact that share capital and share premium received in assessee's books is an "accommodation entry". Assessee has brought into its books of account unaccounted monies through the medium ... assessee has received the money are as under:- Sr. No. Name of the concern from Face Value Per Total whom Share capital with Share Premium is received 1 Crown Crops Science P. Ltd. 10 5,00,000 2 Dipankar Steel P. Ltd. 10 5,00,000 3 Kasare