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“share application money”

Cash Credits & Unexplained ItemsSection 68Section 682,489 judgments

The decision most relied on for share application money is CIT v. Lovely Exports (P) Ltd. (216 CTR 195), cited in 854 judgments on BharatTax.

Leading authorities on share application money

CIT v. Lovely Exports (P) Ltd.
216 CTR 195 · 2008 · Supreme Court
854
citing judgments

If an assessee company receives share application money from alleged bogus shareholders and provides their details to the Assessing Officer, no addition can be made under Section 68 in the company's hands; the Department must proceed against the shareholders by reopening their individual assessments.

(Central)-1 v. NRA Iron & Steel (P) Ltd.
103 Taxmann.com 48 · 2019 · Supreme Court
696
citing judgments

When assessing cash credits, share capital, or loans, the assessee bears the onus to prove the identity, creditworthiness, and genuineness of transactions. This burden is not discharged merely by documentary evidence if field inquiries reveal accommodation entries or dealings with paper/shell companies.

Commissioner of Income Tax v. Nova Promoters and Finlease (P) Ltd.
342 ITR 169 · 2012 · High Court
658
citing judgments

To make an addition under Section 68 for unexplained cash credits, the Assessing Officer must conduct proper inquiry into the identity, genuineness, and creditworthiness of the creditor, especially concerning share application money. The assessee's initial discharge of burden by providing necessary details shifts the onus back to the AO for further investigation, including the source of source.

Nemi Chand Kothari v. CIT
264 ITR 254 · 2003 · High Court
340
citing judgments

For a cash credit, merely transacting by cheque is insufficient to discharge the assessee's burden of proof. The assessee must prove the identity of the creditors, the genuineness of the transaction, and the creditworthiness of the creditors; upon which, the burden shifts to the revenue.

CIT v. Kamdhenu Steel & Alloys Ltd.
361 ITR 220 · 2014 · High Court
328
citing judgments

When making an addition under section 68, the creditworthiness or financial strength of an investor contributing share capital or share application money can be proved by producing their bank statements showing sufficient balance for the investment. The Supreme Court dismissed the SLP against this decision.

CIT v. Sophia Finance Ltd.
205 ITR 98 · 1994 · High Court
295
citing judgments

To discharge the burden of proof under Section 68 for share capital or share application money, an assessee must establish the identity of the shareholders and the genuineness of the transaction, confirming that the payment was truly made by them.

CIT v. Oasis Hospitalities P. Ltd.
333 ITR 119 · 2011 · High Court
292
citing judgments

When explaining cash credits under Section 68, the assessee must establish the identity of the creditor, their creditworthiness or financial capacity, and the genuineness of the transaction. Merely proving identity does not discharge this initial onus, which shifts to the Assessing Officer once these three elements are prima facie proven.

CIT v. Nipun Builders & Developers
350 ITR 407 · 2013 · High Court
264
citing judgments

For any sum credited in an assessee's books, including share application money, the assessee must prove the identity and creditworthiness of the creditor and the genuineness of the transaction. Failure to discharge this onus under Section 68 renders the amount taxable.

Judgments citing share application money

Saytidevi Kantilal Bhandari, Mumbai vs. The ITO - Ward- 19(3)(2), Mumbai

In the result, the appeal of the assessee is allowed

ITA 1734/MUM/2020[2008-09]Status: DisposedITAT Mumbai22 Dec 2022AY 2008-09

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.1734/Mum/2020 (निर्धारण वर्ा / Assessment Year: 2008-09) Saytidevi Kantilal Bhandari बिधम/ Ito, Ward-19(3)(2) Room No. 224, 2Nd Floor, 162, Tp Street, 6 Vs. Kumbharwada, Mumbai- Matru Mandir, Tardeo 400004. Road, Mumbai-400007. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aghpb9079K (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Sanjiv M. Shah & Rajesh Chamaria Revenue By: Smt. Nayana K. Kumar सुनवाई की तारीख / Date Of Hearing: 01/12/2022 घोषणा की तारीख /Date Of Pronouncement: 22/12/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax-30, Mumbai Dated 16.12.2019 For Assessment Year 2008-09. 2. At The Outset, The Assessee Drew Our Attention To The Grounds Of Appeal Wherein He Has Raised The Legal Issue Regarding Validity Of Reopening Of Assessment By Ao U/S 147 Of The Income Tax Act, 1961 (Hereinafter “The Act”).

For Appellant: Shri Sanjiv M. Shah & RajeshFor Respondent: Smt. Nayana K. Kumar
Section 133ASection 143(1)Section 147Section 148

fraudulent billing activities and are in the business of providing to beneficiaries entries for speculation profit and loss, short term/long term capital/loss, share application money, commodities profit/loss on commodities (through MCX) and mentors about other entry operator like Shri Sunil Mansinghani & two NSE Brokers (suspended

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

erred both in law and on facts in deleting the addition Rs. 2,00,00,000/- received by the assessee as share application money and treated as unexplained cash credit by the AO. (ii) Whether, the Ld. CIT(A) has erred both in law and on facts, in not appreciating ... satisfactory and also has failed to appreciate the findings, details/justification given by the AO in the assessment order with respect to the bogus share application money. (iii) Whether on the facts and circumstances of the case and in law, the Ld. CIT(A) has erred in not relying upon