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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

Delta Dealers Private Limited, Kolkata vs. Income Tax Officer Ward 6(3), Kolkata

ITA 650/KOL/2024[2009-10]Status: DisposedITAT Kolkata30 Jun 2025AY 2009-10

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmai.T.A. No.650/Kol/2024 Assessment Year: 2009-10 Delta Dealers Pvt. Ltd…………………………………………...….……….Appellant Baltikuri, Kalitala, P.O. Dasnagar, Howrah-711113. [Pan: Aaccd9633P] Vs. Ito, Ward-6(3), Kolkata.………….......................……........……...…..…..Respondent Appearances By: Shri Akshay Ringasia, C.A & Taraknath Jaiswal, Advocate, Appeared On Behalf Of The Assessee. Shri Raja Sengupta, Cit, Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : May 14, 2025 Date Of Pronouncing The Order : June 30, 2025 Order Per Sonjoy Sarma: This Appeal Of The Assessee Is Directed Against The Order Dated 27.09.2023 Passed By The National Faceless Appeal Centre [Hereinafter Referred To As ‘The ‘Ld. Cit(A)’] For The Assessment Year 2009-10. 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income For The Assessment Year 2009-10 Under The Name Of Orange Merchants Pvt. Ltd. Being Its Pan No.Aabco0792P. The Return Of The Assessee Initially Processed U/S 143(1) Of The Act. Subsequently, The Case Of The Assessee Was Reopened U/S 147 Of The Act & The Assessee Complied To The Notices & Assessment Order Was Framed By Determining Total Income Of Rs.45,500/-. Immediately, Thereafter The Said Assessment Order Was Set Aside By The Ld. Pcit, Kolkata-2 By Exercising His Revisionary Jurisdiction U/S 263 Of The Act. In Consequence To That, Notice U/S 142(1) Of The Act Was Issued To The Assessee Directing The Assessee To Submit Detailed Information Regarding The Shareholders Along With Supported Evidences In Respect Of Share Capital & Share

Section 131Section 142(1)Section 143(1)Section 147Section 263Section 68

Thereupon the Assessing Officer took up the matter for consideration and completed the assessment by order dated 31st March, 2014 holding that the share application money received by the assessee during the year has to be disallowed and added back to the total income of the assessee as unaccounted cash

Dy. Commissioner of Income-Tax-1(1)(1), Mumbai vs. M/S. Chopra Strips Limited, Rajasthan

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

ITA 6818/MUM/2024[2012]Status: DisposedITAT Mumbai30 Jun 2025

Bench: Shri Narender Kumar Choudhry & Smt. Renu Jauhriआयकर अपील सुं./Ita No. 6818/Mum/2024 (नििाारण वर्ा / Assessment Year :2012-13) Dcit-1(1)(1), Mumbai V/S. M/S. Chopra Strips Ltd. बिाम Room No. 579A, 5 Th Floor, D-194-195, Boranada Agro Aayakar Bhawan, Mumbai- Food Park, Jodhpur, 400020 Rajasthan-342008 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaccc3063C Appellant/अपीलार्थी .. Respondent/प्रनिवादी निर्ााररती की ओर से /Assessee By: Shri Vinod Kumar Bindal/Shri Satish Gupta राजस्व की ओर से /Revenue By: Shri Yogesh Kumar, Sr. Dr.

For Appellant: Shri Vinod Kumar Bindal/ShriFor Respondent: Shri Yogesh Kumar, Sr. DR
Section 143(1)Section 143(3)Section 148Section 68

from these two companies. P a g e | 6 A.Y. 2012-13 M/s. Chopra Strips Ltd. ii) The appellant vehemently emphasize that the share application money was received through proper banking channels; that the shareholder companies had sufficient fund in their books of account for the purpose of investment ... copies of IT return as well as bank account of the creditors to show that they had sufficient funds to make payments for share application money, then the assessee was not required to prove source of the source of investment. 9. We have heard the rival submissions and perused