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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

Joint CIT (OSD) Central Circle-1(4), Mumbai vs. Nabendu Engineering Private Limited, Mumbai

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

ITA 875/MUM/2022[2013-14]Status: DisposedITAT Mumbai12 Dec 2022AY 2013-14

Bench: Shri Amit Shukla, Jm & Shri S. Rifaur Rahman, Am आयकरअपीलसं./ I.T.A. No. 875/Mum/2022 (निर्धारणवर्ा / Assessment Year: 2013-14) Nabendu Engineering Jcit (Osd), Cen. Cir-1(4), Pvt. Ltd., 9Th Floor, 902, Pratistha बिधम/ 85, Podar Centre, Parel Bhavan, Old Cgo Post Office Lane, Opp. Vs. Bldg.(Annex), M. K. Road, Ambedkar Road, Parel, Mumbai-400 020 Mumbai-400 012 स्थायीलेखासं./जीआइआरसं./ Pan No. Aaecn2103N (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant By : Shri Mahesh Akhade, Ld. Dr Shri Siddharth Kothari, Ld. Ar प्रत्यथीकीओरसे/Respondent By : सुनवाईकीतारीख/ : 15.09.2022 Date Of Hearing घोषणाकीतारीख / : 12.12.2022 Date Of Pronouncement आदेश / O R D E R Per Amit Shukla: The Aforesaid Appeal Has Been Filed By The Revenue Against The Impugned Order Dated 22.02.2022, Passed By Ld. Cit(A)-47, Mumbai For The Quantum Of Assessment Passed U/S 143(3) R.W.S 153C For Ay 2013-14. 2

For Appellant: Shri Mahesh Akhade, Ld. DR
Section 132(1)Section 139(1)Section 143(3)Section 153ASection 153CSection 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