← All Phrases

“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

Assistant Commissioner of Income Tax, Central Circle Salem vs. Selva Stone Export Private Limited, Krishnagiri

In the result, the appeal filed by the Revenue for assessment year 2018-19 is partly-allowed for statistical purposes

ITA 2051/CHNY/2025[2018-19]Status: DisposedITAT Chennai17 Feb 2026AY 2018-19

Bench: Shri Inturi Rama Rao & Shri S.S. Viswanethra Raviआयकर अपील सं./Ita Nos.: 2049, 2050 & 2051/Chny/2025 िनधा"रण वष"/Assessment Years: 2013-14, 2015-16 & 2018-19 The Assistant Commissioner Of Selva Stone Export Pvt. Ltd., Income Tax, Vs. No.27-A, Jagadevi Road, Central Circle, Chennai Bye Pass, Salem Krishnagiri – 635 104. Pan: Aarcs 7703E (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri Bipin C.N, Cit ""यथ" क" ओर से/Respondent By : Shri R. Viswanathan, Ca सुनवाई क" तारीख/Date Of Hearing : 28.01.2026 घोषणा क" तारीख/Date Of Pronouncement : 17.02.2026

For Appellant: Shri Bipin C.N, CITFor Respondent: Shri R. Viswanathan, CA
Section 133ASection 139Section 142Section 143Section 148

purpose of estimating the cost of construction u/s.142 of the Act. It was further found that the respondent assessee was in receipt of share application money :- 3 -: ITA Nos.2049 to 2051/Chny/2025 which is pending allotment. Based on this information, the AO formed an opinion that income got escaped ... passed u/s.143 r.w.s.147 of the Act at a total income of Rs.31,72,00,000/-. While doing so, the AO made addition of share application money of Rs.15 lakhs for the failure of the respondent assessee company to discharge the onus to prove the receipt of share application money. Similarly

Assistant Commissioner of Income Tax, Central Circle Salem vs. Selva Stone Export Private Limited, Krishnagiri

In the result, the appeal filed by the Revenue for assessment year 2018-19 is partly-allowed for statistical purposes

ITA 2050/CHNY/2025[2015-16]Status: DisposedITAT Chennai17 Feb 2026AY 2015-16

Bench: Shri Inturi Rama Rao & Shri S.S. Viswanethra Raviआयकर अपील सं./Ita Nos.: 2049, 2050 & 2051/Chny/2025 िनधा"रण वष"/Assessment Years: 2013-14, 2015-16 & 2018-19 The Assistant Commissioner Of Selva Stone Export Pvt. Ltd., Income Tax, Vs. No.27-A, Jagadevi Road, Central Circle, Chennai Bye Pass, Salem Krishnagiri – 635 104. Pan: Aarcs 7703E (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri Bipin C.N, Cit ""यथ" क" ओर से/Respondent By : Shri R. Viswanathan, Ca सुनवाई क" तारीख/Date Of Hearing : 28.01.2026 घोषणा क" तारीख/Date Of Pronouncement : 17.02.2026

For Appellant: Shri Bipin C.N, CITFor Respondent: Shri R. Viswanathan, CA
Section 133ASection 139Section 142Section 143Section 148

purpose of estimating the cost of construction u/s.142 of the Act. It was further found that the respondent assessee was in receipt of share application money :- 3 -: ITA Nos.2049 to 2051/Chny/2025 which is pending allotment. Based on this information, the AO formed an opinion that income got escaped ... passed u/s.143 r.w.s.147 of the Act at a total income of Rs.31,72,00,000/-. While doing so, the AO made addition of share application money of Rs.15 lakhs for the failure of the respondent assessee company to discharge the onus to prove the receipt of share application money. Similarly

Assistant Commissioner of Income Tax, Central Circle Salem vs. Selva Stone Export Private Limited, Krishnagiri

In the result, the appeal filed by the Revenue for assessment year 2018-19 is partly-allowed for statistical purposes

ITA 2049/CHNY/2025[2013-14]Status: DisposedITAT Chennai17 Feb 2026AY 2013-14

Bench: Shri Inturi Rama Rao & Shri S.S. Viswanethra Raviआयकर अपील सं./Ita Nos.: 2049, 2050 & 2051/Chny/2025 िनधा"रण वष"/Assessment Years: 2013-14, 2015-16 & 2018-19 The Assistant Commissioner Of Selva Stone Export Pvt. Ltd., Income Tax, Vs. No.27-A, Jagadevi Road, Central Circle, Chennai Bye Pass, Salem Krishnagiri – 635 104. Pan: Aarcs 7703E (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri Bipin C.N, Cit ""यथ" क" ओर से/Respondent By : Shri R. Viswanathan, Ca सुनवाई क" तारीख/Date Of Hearing : 28.01.2026 घोषणा क" तारीख/Date Of Pronouncement : 17.02.2026

For Appellant: Shri Bipin C.N, CITFor Respondent: Shri R. Viswanathan, CA
Section 133ASection 139Section 142Section 143Section 148

purpose of estimating the cost of construction u/s.142 of the Act. It was further found that the respondent assessee was in receipt of share application money :- 3 -: ITA Nos.2049 to 2051/Chny/2025 which is pending allotment. Based on this information, the AO formed an opinion that income got escaped ... passed u/s.143 r.w.s.147 of the Act at a total income of Rs.31,72,00,000/-. While doing so, the AO made addition of share application money of Rs.15 lakhs for the failure of the respondent assessee company to discharge the onus to prove the receipt of share application money. Similarly

JCIT(OSD)-14(1)(1), Mumbai vs. Kukreja Builders Pvt. Ltd., Mumbai

In the result, the revenue’s appeal is partly allowed in the above terms

ITA 2102/MUM/2025[2013-14]Status: DisposedITAT Mumbai13 Feb 2026AY 2013-14

Bench: Shri Narender Kumar Choudhry & Shri Prabhash Shankarassessment Year: 2013-14 Dcit – 14(1)(1), Mumbai M/S. Kukreja Builders Room No. 432, 4Th Floor, Pvt. Ltd. Aayakarbhavan, M.K. Road, 4 & 5Th Floor, Sai Mumbai - 400020 Commercial Building, Bks Vs. Devshi Marg., Govandi (E), Mumbai, Maharashtra– 400088 Pan: Aacck5040M (Appellant) (Respondent) Present For: Assessee By : Shri Ajay Singh & Shri Akshay Pawar, Ld. A.R. Revenue By : Shri Hemanshu Joshi, (Sr. D.R.) Date Of Hearing : 12.12.2025 Date Of Pronouncement : 13.02.2026 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 25.01.2025, Impugned Herein, Passed By The National Faceless Appeal Centre (Nfac)/Ld. Commissioner Of Income Tax (Appeals) (In Short Ld. Commissioner) U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2013-14. 2. In The Instant Case, The Assessee During The A.Y. Under Consideration Had Declared Its Total Income As Rs. 2,20,00,580/- By Filing Its Return Of Income, Which Was Initially Processed Under Section 143 Of The Act. 2 M/S. Kukreja Builders Pvt. Ltd.

For Appellant: Shri Ajay Singh & Shri AkshayFor Respondent: Shri Hemanshu Joshi, (SR. D.R.)
Section 131Section 133(6)Section 143Section 250Section 68

associates, observed that the Assessee Company has also received an amount of Rs. 3,80,00,000/- in total, by way of Share Application Money, during the financial year under consideration, from the following parties: 4. Thus, on the aforesaid information, the case of Assessee was selected for scrutiny under ... being directed to do so. Further, no valid justification has been provided, in response to show-cause notice issued “as to why alleged share application money should not be treated as unexplained cash-credit under Section 68 of the Act”. 15. The Assessing Officer thereafter, while relying on various judgments

Vardaan Infrastructures Private Limited, Raipur vs. Income Tax Officer, Ward 4(1), Raipur

In the result, the appeal of assessee is allowed as above

ITA 834/RPR/2025[2013-14]Status: DisposedITAT Raipur11 Feb 2026AY 2013-14

Bench: Shri Partha Sarathi Chaudhury, Jm & Shri Avdhesh Kumar Mishra, Am आयकर अपील सं. / Ita No: 834/Rpr/2025 (िनधा"रण वष" Assessment Year: 2013-14) Vardaan Infrastructures Private Limited, Vs Income Tax Officer, Ward 4(1), C/S Shankar Marbles, Ring Road 1, Ayakar Bhawan, Civil Lines, Santoshi Nagar, Raipur, Chhattisgarh, Raipur, Chhattisgarh, 492001 Pan: Aadcv3823C (अपीलाथ"/Appellant) (""थ" / Respondent) : िनधा"रती की ओर से / Assessee By : Shri Praveen Khandelwal & Shri Praveen Goyal, Cas राज" की ओर से / Revenue By : Dr. Priyanka Patel, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 09/02/2026 घोषणा की तारीख / Date Of : 11/02/2026 Pronouncement आदेश / O R D E R Per Avdhesh Kumar Mishra, Am: This Appeal For Assessment Year (‘Ay’) 2013-14 Filed By The Assessee Is Directed Against The Order Dated 06.11.2025 Of Commissioner Of Income Tax (Appeals), [‘Cit(A)’], National Faceless Appeal Centre (‘Nfac’), Delhi Passed Under Section 250 Of The Income Tax Act, 1961 (‘Act’).

For Appellant: Shri Praveen Khandelwal and Shri Praveen Goyal, CAsFor Respondent: Dr. Priyanka Patel, Sr. DR
Section 143(3)Section 147Section 148Section 250Section 68

assessing officer erred in making addition u/s 68 of the Act of Re. 2,19,14,303/- on account of share application money and unsecured loan. 8. The appellant craves to add, alter OR DLEETE any of the grounds of appeal during the course of appellate proceedings.” 3. The relevant

Hasmukh Ugarchand Gadhecha, HUF, Ahmedabad vs. The ITO, Ward-5(2)(2), Ahmedabad

The appeal of the assessee stands allowed

ITA 591/AHD/2025[2013-14]Status: DisposedITAT Ahmedabad09 Feb 2026AY 2013-14

Bench: Shri Sanjay Garg & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.591/Ahd/2025 िनधा"रण वष" /Assessment Year : 2013-14 Hasmukh Ugarchand The Ito बनाम/ Gadhecha, Huf Ward-5(2)(2) V/S. 3Rd Floor, Anjalee House Ahmedabad – 380 015 Cg Road Navrangpura Ahmedabad – 380 009 "थायी लेखा सं./Pan: Aaahg 7194 K (अपीलाथ$/ Appellant) (%& यथ$/ Respondent) Assessee By : Shri Deepak R. Shah, Ar Revenue By : Shri Hargovind Singh, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 12/11/2025 घोषणा की तारीख /Date Of Pronouncement: 09/02/2026 आदेश/O R D E R Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Cit(A)’] Dated 26/12/2025 Passed U/S.250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For The Assessment Year (Ay) 2013-2014. 2. The Assessee, In This Appeal, Has Raised The Following Grounds Of Appeal: Hasmukh Ugarchand Gadhecha, Huf Vs. Ito Asstt.Year : 2013-14 2 “1. That The Ld.Cit(A) Erred In Law & In The Facts Of The Case In Confirming The Order Of The Ao In Reopening Assessment U/S.147 Of The Act.

For Appellant: Shri Deepak R. Shah, ARFor Respondent: Shri Hargovind Singh, Sr.DR
Section 10(38)Section 143(3)Section 147Section 148Section 153CSection 250Section 68Section 69C

course of search, it was found that Shri Shirish Chandra Shah was engaged in providing accommodation entries of share capital, share premium share application money, unsecured loans, long term capital gains, short term capital gain/loss, trading loss etc. On analysis of the trade data and information, it was seen that ... course of search, it was found that Shri Shirish Chandra Shah is engaged in providing accommodation entries of share capital, share premium, share application money, unsecured loans, long term capital gains, short term capital gain/loss, trading loss etc. wherein cash is received by him from various clients and against this

DCIT, Central Circle-4(3), Kolkata vs. Raj Goenka, Kolkata

In the result, the appeal of the revenue is dismissed

ITA 1801/KOL/2025[2022-23]Status: DisposedITAT Kolkata05 Feb 2026AY 2022-23

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2022-23 Dcit, Cc-4(3), Kolkata……...……..……….………….……….……….……Appellant Vs. Raj Goenka…………………………………………..…….....……...…..…..Respondent 10Th Floor Magma House, 24, Park Street Park Street, Kol-16. [Pan: Adlpg8181C] Appearances By: Shri S B Chakraborthy, Addl. Cit, Appeared On Behalf Of The Appellant. Shri Miraj D. Shah, Ar, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 04, 2025 Date Of Pronouncing The Order : February 05, 2026 Order Per Pradip Kumar Choubey: This Appeal Filed By The Revenue Is Directed Against The Order Dated 12.04.2025 Of The Cit(Appeals)-27, Kolkata (Hereinafter Referred To As The “Cit(A)”) Passed U/S 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2022–23. 2. The Appeal Has Been Filed By The Revenue With A Delay Of 08 Days. The Revenue Has Filed A Petition For Condonation Of The Delay. After Considering The Reasons Cited In The Petition For Condonation Of Delay, We Find That The Reasons Are Valid & Consequently, The Delay In Filing The Appeal Is Hereby Condoned & We Proceed To Dispose Of The Appeal On Merits.

Section 127Section 132(1)Section 139Section 143(1)Section 143(2)Section 143(3)Section 250Section 68

garb of tax consultation the owners and employees of this group were running the racket of providing accommodation entries of gifts, loans, share application money, share investment and long-term capital gains in shares. It will be relevant to record that the present assessee might have been in consultation with ... providing accommodation entries and the assessing officer was of the view that details made available by the assessee as regards unsecured loans and share application money, reference of which has been made in para-4of its order, appears to be the accommodation entries and the present assessee was middleman

Cool Diamond Private Limited, Mumbai vs. Income Tax Officer - 12(1)(1), Mumbai

In the result, the Assessee’s appeal is allowed, subject to verification as directed above

ITA 5085/MUM/2025[2013-14]Status: DisposedITAT Mumbai03 Feb 2026AY 2013-14

Bench: Shri Narender Kumar Choudhry & Shri Renu Jauhriassessment Year: 2013-14 Cool Diamond Private Ward Ito -12(1)(1), Limited, Room No. 129, Aayakar 2Nd Floor, Plot No. 97, Myco Bhawan, M K. Road, Vs. Industrial Area, Misc Industrial Mumbai – 400020. Area, Andheri East, Mumbai – 400093. Pan – Aadcc6707 (Appellant) (Respondent) Present For: Assessee By : Shri Vimal Punmiya, Ld. A.R. Revenue By : Shri Virabhadra S. Mahajan, Sr. D.R. Date Of Hearing : 02.12.2025 Date Of Pronouncement : 03.02.2026 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 30.06.2025, Impugned Herein, Passed By The National Faceless Appeal Centre (Nfac)/Ld. Commissioner Of Income Tax (Appeals) (In Short Ld. Commissioner) U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2013-14. 2. In The Instant Case, An Information Was Received By The Ao From The Ddit (Inv.) Unit – 4 – Surat, With Regard To The Circular Transaction Of Rs.2,11,19,942/- By The Assessee With M/S. Seven Star Jewels Proprietary. On Perusing The Information, The Ao Observed That It Is Apparent That The Assessee Has Earned An Income To The Tune Of Rs.2,11,19,942/- But Has Not Included This 2 Cool Diamond Private Limited

For Appellant: Shri Vimal Punmiya, Ld. A.RFor Respondent: Shri Virabhadra S. Mahajan, SR. D.R
Section 147Section 148Section 250

assessee is a company (not being a company in which the public are substantially interested), and the sum so credited consists of share application money, share capital, share premium or any such amount by whatever name called, any explanation offered by such assessee-company shall be deemed