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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

M/S. Paramjeet Orchardes Pvt. Ltd., Tiruvallur vs. ACIT, Central Circle-1(2), Chennai

In the result, all the appeals filed by the assessees are allowed

ITA 1449/CHNY/2025[2018-19]Status: DisposedITAT Chennai15 Oct 2025AY 2018-19

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No.1449/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 M/S. Paramjeet Orchardes Private Vs. The Assistant Commissioner Of Limited, No. 51, Park View Street, Near Income Tax, Gandhi Road, Alwarthirunagar, Central Circle 1(2), Chennai 600 087. Chennai. [Pan:Aafcp1203J] (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. No.1450/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 M/S. Achyuta Plantations Private Vs. The Assistant Commissioner Of Limited, No. 425, 10Th Cross, 18Th Main, Income Tax, Jp Nagar, 2Nd Phase, Jp Nagar, Central Circle 1(2), Bangalore South, Bangalore 560 078. Chennai. [Pan: Aaica7250K] (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. No.1452/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 M/S. Ajitabh Orchardes Private Limited, Vs. The Assistant Commissioner Of Old No. 61, New No. 125, Audiappan Income Tax, Naicken Street, Elephant Gate, Central Circle 1(2), Sowcarpet, Kalaignar Karunanidhi Chennai. Nagar, Chennai 600 079. [Pan: Aakca9419L] (अपीलाथ"/Appellant) (""थ"/Respondent)

With regard to the seized documents of Annexure-I, Annexure-II, Annexure III & Annexure IV, where details of introducing unaccounted cash into share application money & unsecured loan/loan and advances were listed, the ld. AR submits that assessee company name does not figure in any of these documents. We note that ... Ukarsh Orchardes Pvt. Ltd. 7724000 1575000 2275000 1950000 13524000 Total 0 0 29785588 8735000 0 32788600 2550000 19770995 0 0 0 93630183 BOGUS SHARE APPLICATION MONEY (ANNEXURE III) S. Name of the companies

Hiteshi Leasing and Housing Pvt Ltd, New Delho vs. DCIT, Circle-1, Faridabad

In the result, the appeal filed by the assessee is partly allowed

ITA 4620/DEL/2024[2011-12]Status: DisposedITAT Delhi15 Oct 2025AY 2011-12

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumarhiteshi Leasing & Housing Pvt. Ltd., Vs. Dcit, Circle 1, Yogi Associates, Faridabad. E – 335, East Of Kailash, New Delhi – 110 005. (Pan : Aaach8298J) (Appellant) (Respondent) Assessee By : Shri Pushpdeep Singh, Advocate Revenue By : Shri Kailash Dan Ratnoo, Cit Dr Date Of Hearing : 28.08.2025 Date Of Order : 15.10.2025 O R D E R Per S. Rifaur Rahman: 1. This Appeal Preferred By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income-Tax (Appeals), Gurgaon-3 [For Short ‘Ld. Cit (A)] Dated 04.081.2024 For Assessment Year 2011-12 Raising Following Grounds Of Appeal :- “(A) That On The Facts & Circumstances Of The Case The Learned Assessing Officer & Cit(A), While Passing The Order Erred In: A. Passing The Assessment Order Dated 26.03.2015 U/S 153A Despite The Fact The Assessee Was Not Searched & The Assessee Was Issued Notice Under Section 153C On 29.1 1.2013. This Is A Jurisdictional Error

For Appellant: Shri Pushpdeep Singh, AdvocateFor Respondent: Shri Kailash Dan Ratnoo, CIT DR
Section 131Section 153ASection 153CSection 68

Income Tax Act these transactions are genuine. They have even submitted relevant documents in support of the same. d. Making addition of share application money/ share capital received from M/is. Arrow Distribution Private Limited. Golden Mercantile Limited, Pine View Investment Private Limited. and M/s. Shalini Holdings Ltd merely ... from the corporate office at Plot No. 90, Sec, 44, Gurgaon,. of M/s Bestech Group which gives certain the details of share capital share applications money received by M/s Hiteshi Leasing & Housing Pvt Ltd, I2873, Ram Nagar Extension Shalhdra, Delhi The source, genuineness, creditworthiness and identity of the persons/company from

Fast-N-Perfect Commercial Pvt Ltd, Kolkata vs. I.T.O. Ward-5(4), Kolkata

In the result, the appeal filed by the assessee is dismissed in limine

ITA 1215/KOL/2025[2012-13]Status: DisposedITAT Kolkata14 Oct 2025AY 2012-13

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) & Shri Rajesh Kumari.T.A. No. 1215/Kol/2025 Assessment Year: 2012-2013 Fast-N-Perfect Commercial Pvt. Limited,….…Appellant 23A, N.S. Road, 3Rd Floor, Room No. 10, Kolkata-700001, West Bengal [Pan:Aaacf3691B] -Vs.- Income Tax Officer,………………………...…….Respondent Ward-5(4), Kolkata, Aayakar Bhawan, 6Th Floor, Room No. 27, P-7, Chowringhee Square, Kolkata-700069 Appearances By: Shri Vijay Kumar Singhal, Ca, Appeared On Behalf Of The Assessee Shri Raja Sengupta, Cit, D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: August 06, 2025 Date Of Pronouncing The Order: October 14, 2025 O R D E R

Section 131Section 142(1)Section 143(1)Section 143(2)Section 14ASection 68

Officer. A show-cause letter was issued to the assessee on 11-03-2015 informing the facts and to explain as to why share application money received by it should not be treated as bogus unexplained cash credit and why the same should not be treated 2 Fast-N-Perfect ... Commercial Pvt. Limited as its unaccounted money introduced in its books of accounts as share application money as per the provisions of section 68 of I.T. Act, but the assessee failed to put forward any explanation till the date of passing of order and also to prove the identity

DCIT, Circle- 19(1), Delhi vs. P & R Engineering Services Pvt. Ltd., Delhi

In the result, appeal of the revenue is dismissed

ITA 6058/DEL/2024[2010-11]Status: DisposedITAT Delhi14 Oct 2025AY 2010-11

Bench: Shri Yogesh Kumar U.S & Shri Manish Agarwal[Assessment Year : 2010-11] Vs P& R Engineering Services Dcit, Circle-19(1), Pvt.Ltd., 89, Lok Nayak New Delhi Apartments, Sector-9, Rohini, Delhi-110085. Pan-Aaccp0484E Appellant Respondent Revenue By Shri Sanjeev Kumar Yadav, Cit Dr Assessee By Shri V. K.Agarwal, Ar Date Of Hearing 17.07.2025 Date Of Pronouncement 14.10.2025 Order Per Manish Agarwal, Am : This Appeal Is Filed By The Revenue Against The Order Of The Commissioner Of Income Tax (Appeals), Delhi -31 [Cit(A), In Short] Dated 01.11.2024 In Appeal No. Cit(A), Delhi-7/10212/2017-18 Arising Out Of The Order Passed U/S 147 R.W.S. 143(3) Of The Income Tax Act, 1961 [The Act, In Short] For A.Y. 2010-11. 2. Brief Facts Of The Case Are That Assessee Is A Company & Filed Its Return Of Income On 27.09.2010, Declaring Loss Of Rs. 12,89,624/-. The Case Of The Assessee Was Reopened In Terms Of The Notice Issued U/S 148 Of The Act On 30.09.2017. In Response, The Assessee Has Declared The Same Income As Was Declared In The Return Filed U/S 139(1) Of The Act. Thereafter The Ao By Alleging That The Assessee Has Received Share Application Money Of Rs. 8,28,45,000/- From Three Companies Namely, M/S Mansarovar Holdings Ltd. Rs. 4,09,00,000/-, M/S Olipha Trading & Investment Pvt. Ltd. Of Rs. 3,27,10,000/- & From M/S Sopan Merchants Pvt. Ltd. Of Rs. 92,35,000/- Which Companies Are Paper Companies & Made The Addition U/S 68 Of The Act Of The Entire Amount Of Loan Received From These Three Companies.

Section 139(1)Section 147Section 148Section 68

declared in the return filed u/s 139(1) of the Act. Thereafter the AO by alleging that the assessee has received share application money of Rs. 8,28,45,000/- from three companies namely, M/s Mansarovar Holdings Ltd. Rs. 4,09,00,000/-, M/s Olipha Trading and Investment ... erred in deleting the addition of Rs. 8,28,45,500/- for AY 2010-11 on account of unexplained share application money received u/s 68 of the I.T. Act made by AO though the assessee could not prove the identity, genuineness and creditworthiness of transactions during the course of assessment

Adhunik Akshat Udyog Pvt. Ltd., Dumka vs. ACIT, Circle-3(1), Deoghar

In the result, the appeal of the assessee is allowed

ITA 163/RAN/2025[12-13]Status: DisposedITAT Ranchi10 Oct 2025

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayi.T.A. No.163/Ran/2025 Assessment Year: 2012-13 Adhunik Akshat Udyog Pvt. Ltd……………............................……….……Appellant Industrial Area, Babupur, Muffasil Thana Dumka, Jharkhand – 814101. [Pan: Aabca4896Q] Vs. Acit, Circle-3(1), Deoghar…...…..….…..….........……........……...…..…..Respondent Appearances By: Shri Sushil Pransukha, Ar, Appeared On Behalf Of The Appellant. Shri Khubchand T. Pandya, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : August 28, 2025 Date Of Pronouncing The Order : October 10, 2025 Order Per Sonjoy Sarma: This Appeal By The Assessee Is Directed Against The Order Of The Nfac, Delhi [“Cit(A)”] Dated 11.03.2025 Under Section 250 Of The Income-Tax Act, 1961 (The “Act”) For The Assessment Year 2012–13. 2. Facts Of The Case Are That The Assessee Company Filed Its Return Of Income For Ay 2012–13 Declaring Total Income Of ₹2,57,551. The Case Was Reopened Under Section 147 On The Ground That The Assessee Had Raised Share Capital & Share Premium From Certain Entities, Whose Financial Capacity & Genuineness Of Investment Remained Unexplained. During Assessment, The Ao Noted That The Assessee Had Introduced Share Capital Of ₹37,50,000 From The Following Four Private Limited Companies:

Section 131Section 147Section 250Section 68

conclusion. 4. Aggrieved, the assessee is in appeal before this Tribunal. At the time of hearing the learned AR contended that the entire share application money was in fact received during FY 2010–11, corresponding to AY 2011–12, and was duly reflected in the audited balance sheet ... assessee company as on 31.03.2011 under the head “Share Application Money.” It was submitted that in September 2011 (FY 2011–12), the shares were allotted out of the money already received earlier. Thus, no fresh receipt took place during AY 2012–13. The AR placed reliance on the audited balance

Golden Goenka Commerce Pvt. Ltd., Kolkata vs. ACIT Circle-2(1), Jamshedpur

In the result, the appeal filed by the assessee stands allowed

ITA 11/RAN/2024[2011-12]Status: DisposedITAT Ranchi10 Oct 2025AY 2011-12

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayi.T.A. No.11/Ran/2024 Assessment Year: 2011-12 Golden Goenka Commerce Pvt. Ltd. (Earlier Known As Rajgaj Traders Pvt. Ltd.)............................……….……Appellant 25A, S.P Mukherjee Road, 4Th Floor, Bhawanipore, Kol-25, [Pan: Aabcr7503F] Vs. Acit, Circle-2(1), Jamshedpur..…..….…..….........……........……...…..…..Respondent Appearances By: Shri Devesh Poddar, Ar, Appeared On Behalf Of The Appellant. Shri Kumar Pranab, Cit- Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : September 4, 2025 Date Of Pronouncing The Order : October 10, 2025 Order Per Sonjoy Sarma: This Appeal By The Assessee Is Directed Against The Order Of The Learned Commissioner Of Income Tax (Appeals) [“Cit(A)”], Dated 21.12.2018, Arising Out Of Assessment Framed Under Section 147 Read With Section 143(3) Of The Income-Tax Act, 1961 (The “Act”) For The Assessment Year 2011–12. 2. The Assessee Has Raised Multiple Grounds, The Sum & Substance Of Which Is That The Learned Cit(A) Erred In Upholding The Addition Of ₹4,73,00,000 Made By The Assessing Officer (“Ao”) Under Section 68 Of The Act Towards Share Capital & Share Premium, Ignoring The Documentary Evidences Placed On Record & Without Conducting Any Independent Enquiry. 3. Brief Facts Of The Case Are That The Assessee Company Filed Its Return Of Income For The Assessment Year 2011–12 Declaring Total Income Of ₹16,67,088. Subsequently, The Case Of The Assessee Was Reopened

Section 131Section 143(3)Section 147Section 148Section 68

relied on various judicial pronouncements including: a. CIT vs. Lovely Exports Pvt. Ltd. (216 CTR 195) (SC) wherein it was held that if share application money is received from identified persons whose details are furnished, then the addition cannot be made in the hands of the company. b. PCIT

Haryana Building and Other Construction Workers Welfare Board, Panchkula vs. DCIT, Exemption, Chandigarh

In the result, this appeal of the Assessee stands dismissed

ITA 337/CHANDI/2023[2016-17]Status: DisposedITAT Chandigarh10 Oct 2025AY 2016-17

Bench: Shri Laliet Kumar & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 237/Chd/2020 निर्धारण वर्ष / Assessment Year : 2014-15 Haryana Building & Other Construction Workers Welfare Board, Bays No. 29- 30, Sector 4, Panchkula, Haryana The Dcit, बनाम Circle 2, Vs. Exemption, Chandigarh स्थायी लेखा सं./ Pan No: Aaath6995H अपीलार्थी/Appellant प्रत्यर्थी/Respondent आयकर अपील सं./ Ita Nos.337 To 339/Chd/2023 निर्धारण वर्ष / Assessment Years : 2016-17, 2017-18 & 2018-19 Haryana Building & Other Construction Workers Welfare Board, Bays No. 29- 30, Sector 4, Panchkula, Haryana The Dcit बनाम Exemption, Vs. Chandigarh स्थायी लेखा सं./ Pan No: Aaath6995H अपीलार्थी/Appellant प्रत्यर्थी/Respondent आयकर अपील सं./ Ita No. 63/Chd/2021 निर्धारण वर्ष / Assessment Year : 2015-16 Haryana Building & Other Construction Workers Welfare Board, Bays No. 29-30, Sector 4, Panchkula, Haryana The Dcit बनाम Exemptions, Vs. Chandigarh स्थायी लेखा सं./ Pan No: Aaath6995H अपीलार्थी/Appellant प्रत्यर्थी/Respondent ( Physical Hearing ) निर्धारिती की ओर से/Assessee By : Sh. Nikhil Goyal, Advocate, Sh. Ashok Goyal, Ca & Sh. Sifatfreet Singh, Ca राजस्व की ओर से/ Revenue By : Sh. Manav Bansal, Cit Dr सुनवाई की तारीख/Date Of Hearing 08.12.2025 उदघोषणा की तारीख/Date Of Pronouncement 10.12.2025 आदेश/Order Per Bench: The Captioned Appeals Preferred By The Assessee Are Directed Against The Separate Orders Of The Ld. Commissioner Of Income- Tax (Appeals) For Different Assessment Years, As Per The Details Given Below: S.No.

For Appellant: Sh. Nikhil Goyal, AdvocateFor Respondent: Sh. Manav Bansal, CIT DR
Section 263

copy of Form 2 filed with the Registrar of Companies for the allotment of shares was placed. It was submitted that no share application money was raised during the year and it was only the share applicants of earlier year who were allotted shares during the year. As regards point