← 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

Sen Ferro Alloys (P) Ltd., Kolkata vs. A.C.I.T., CC - 4(3), Kolkata

ITA 2359/KOL/2024[2015-2016]Status: DisposedITAT Kolkata29 Jan 2026AY 2015-2016

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.2358 & 2359/Kol/2024 (निर्धारण वर्ष / Assessment Year : 2014-2015 & 2015-2016) Sen Ferro Alloys (P) Ltd., Vs Acit, Cc-4(3), Kolkata C/O S.N.Ghosh & Associates, Advocates, 2, Garstin Place, 2Nd Floor, Suite No.203, Off Hare Street, Kolkata,Wb-700001 Pan No. :Aaics 0672 B (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) निर्धारिती की ओर से / Assessee By : Shri Somnath Ghosh, Advocate राजस्व की ओर से /Revenue By : Shri Altaf Hussain, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 29/01/2026 घोषणा की तारीख/Date Of Pronouncement : 29/01/2026 आदेश / Order Per George Mathan, Am: These Are Two Appeals Filed By The Assessee Against The Order Passed By The Id. Cit(A), Kolkata-27, Both Dated 26.09.2024 For The

For Appellant: Shri Somnath Ghosh, AdvocateFor Respondent: Shri Altaf Hussain, Sr. DR
Section 132Section 142(1)Section 143(2)Section 153A

from annual accounts of the various companies of BHALOTIA GROUP including the present asséessee at huge amounts have been received as share capital, share application money and share premium for A.Y 2010-11 to 015-16 as per the list below: Name of the Company ... totaling Rs.5,68,00,000/- for F.Y-2009-10, 2010-11 Ind 2011-12 related to A.Y-2010-11, 2011-12 and 2012-13 as share application money along with premium. In course of assessment proceedings as consequence of search seizure operation conducted upon this group notice u/s 142(1) were issued asking

Sen Ferro Alloys (P) Ltd., Kolkata vs. A.C.I.T., CC - 4(3), Kolkata

ITA 2358/KOL/2024[2014-2015]Status: DisposedITAT Kolkata29 Jan 2026AY 2014-2015

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.2358 & 2359/Kol/2024 (निर्धारण वर्ष / Assessment Year : 2014-2015 & 2015-2016) Vs Sen Ferro Alloys (P) Ltd., C/O S.N.Ghosh & Associates, Advocates, 2, Garstin Place, 2Nd Floor, Suite No.203, Off Hare Street, Kolkata,Wb-700001 Pan No. :Aaics 0672 B Acit, Cc-4(3), Kolkata (अपीलार्थी/Appellant) (प्रत्यर्थी / Respondent) निर्धारिती की ओर से / Assessee By : Shri Somnath Ghosh, Advocate राजस्व की ओर से /Revenue By : Shri Altaf Hussain, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 29/01/2026 घोषणा की तारीख/Date Of Pronouncement : 29/01/2026 आदेश / Order Per George Mathan, Am: These Are Two Appeals Filed By The Assessee Against The Order Passed By The Id. Cit(A), Kolkata-27, Both Dated 26.09.2024 For The

For Appellant: Shri Somnath Ghosh, AdvocateFor Respondent: Shri Altaf Hussain, Sr. DR
Section 132Section 142(1)Section 143(2)Section 153A

from annual accounts of the various companies of BHALOTIA GROUP including the present assessee that huge amounts have been received as share capital, share application money and share premium for A.Y 2010-11 to 2015-16 as per the list below: Name of the Company ... totaling Rs.5,68,00,000/- for F.Y-2009-10, 2010-11 and 2011-12 related to A.Y-2010-11, 2011-12 and 2012-13 as share application money along with premium. In course of assessment proceedings as consequence of search & seizure operation conducted upon this group notice u/s 142(1) were issued asking

Dona Builders Pvt Ltd, Mumbai vs. DCIT, Circle 1(3)(1), Mumbai

ITA 5375/MUM/2025[2013-14]Status: DisposedITAT Mumbai21 Jan 2026AY 2013-14

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan() Assessment Year: 2009-10 & Assessment Year: 2010-11 & Assessment Year: 2011-12 & Assessment Year: 2012-13 & Assessment Year: 2013-14 Dona Builders Pvt Ltd Dcit, Circle 1(3)(1), Mumbai 108, Shiv Aashish S.V. Road, Aayakar Bhavan, Mumbai- Vs. Andheri West, Mumbai- 400058 400020 Pan No. Aaacd 3116 F Appellant Respondent : Mr. Rajesh Shah Assessee By : Mr. Annavaram Kosuri, Sr-Dr A/W Revenue By Mr. Uma Shankar Prasad, Cit Dr : 06/11/2025 Date Of Hearing Date Of Pronouncement : 21/01/2026 Order Per Bench These Five Appeals By The Assessee Are Directed Against Separate Orders Passed By The Ld. Commissioner Of Income-Tax

For Appellant: Mr. Annavaram Kosuri, SR-DR a/wFor Respondent: Mr. Rajesh Shah
Section 147Section 68

learned CIT(A)-NFAC erred in confirming the addition of Rs NFAC erred in confirming the addition of Rs 20,00,000/- being share application money received from Sumukh being share application money received from Sumukh Commercial Pvt Ltd though no such amount was received during Commercial Pvt Ltd though ... unsecured loans and share application entries in the nature of unsecured loans and share application entries in the nature of unsecured loans and share application money from certain concerns controlled and managed by Shri money from certain concerns controlled and managed by Shri money from certain concerns controlled and managed