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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

Shree Veer Buildbest Private Limited, Ahmedabad vs. The Income Tax Officer, Ward-8(3) Now Ward-4(1)(1), Ahmedabad

ITA 892/AHD/2023[2011-12]Status: DisposedITAT Ahmedabad23 Jul 2024AY 2011-12

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.892/Ahd/2023 "नधा"रण वष" /Assessment Year : 2011-12 Shree Veer Buildbest Pvt.Ltd. The Ito बनाम/ 302, Swapneel – 5 Ward-4(1)(1) Commerce Six Road Ahmedabad- 380 015 V/S. Navrangpura Ahmedabad – 380 009 "थायी लेखा सं./Pan: Aakcs 8358 Q अपीलाथ"/ (Appellant) ….. "" यथ"/ (Respondent) Assessee By : Shri Aseem L. Thakkar, Ar Revenue By : Shri Ashok Kumar Suthar, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 15/07/2024 घोषणा क" तार"ख /Date Of Pronouncement: 23/07/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: This Appeal Is Filed By The Assessee As Against The Order Dated 21/09/2023 Passed By The Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “ The Ld.Cit(A)” In Short], Arising Out Of The Assessment Order Dated 28/03/2014 Passed By The Assessing Officer (Ao) Under Section 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As "The Act") Relevant To The Assessment Year (Ay) 2011-12. Shree Veer Buildbest Pvt.Ltd. Vs. Ito Asst. Year : 2011-12

For Appellant: Shri Aseem L. Thakkar, ARFor Respondent: Shri Ashok Kumar Suthar, Sr.DR
Section 133(6)Section 143(1)Section 143(2)Section 143(3)Section 68

Officer in making protective addition of Rs.75,00,000/-as alleged unexplained unsecured loan u/s.68 of the I.T.Act, 1961 being an amount of share application money received by the Appellant from Tripada Infrastructure Pvt. Ltd. 6. The learned Commissioner of Income Tax (Appeals), NFAC, Delhi has erred in confirming ... addition of Rs.75,00,000/- made on protective basis of share application money where the identity, genuineness and credit worthiness of the saher applicant has been established by placing various evidences on record. 7. The learned Commissioner of Income Tax (Appeals), NFAC, Delhi has erred in confirming the addition