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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

Dy. Commissioner of Income Tax (Central Circle-1), Raipur vs. Shri Gurpreet Singh Bhatia, Rajnandgaon

In the result appeal filed by the Revenue in IT(SS)A 01/RPR/2022, stands dismissed

ITA 17/RPR/2022[2018-19]Status: DisposedITAT Raipur27 Oct 2023AY 2018-19

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं./It(Ss)A 01/Rpr/2022 Cross Objection No. 02/Rpr/2023 (Arising Out Of It(Ss)A No. 01/Rpr/2022) (Assessment Years:2018-19) Dy. Commissioner Of Income Tax V M/S Merigold Impex, (Central Circle-I), S 35/75, Punjabi Colony, Katora Talab, Raipur, (C.G.) Raipur, (C.G.) Pan: Aasfm6747N (अपीलाथ"/Appellant) .. (""यथ" / Respondent) आयकर अपील सं./Ita 17/Rpr/2022 Cross Objection No. 03/Rpr/2023 (Arising Out Of Ita 17/Rpr/2022) (Assessment Years:2018-19) Dy. Commissioner Of Income Tax V Shri Gurpreet Singh Bhatia, (Central Circle-I), S 1/2/1, Old Bus Stand Road, Raipur, (C.G.) Rajnandgaon, (C.G.) Pan: Aaspb5363R (अपीलाथ"/Appellant) (""यथ" / Respondent) .. "नधा"रतीक"ओरसे /Assessee By : Shri Praveen Jain, Ca राज"वक"ओरसे /Revenue By : Shri Debashish Lahiri, Cit-Dr सुनवाईक"तार"ख/ Date Of Hearing : 07-09-2023 घोषणाक"तार"ख/Date Of Pronouncement : 27-10-2023

For Appellant: Shri Praveen Jain, CAFor Respondent: Shri Debashish Lahiri, CIT-DR
Section 143(3)Section 153ASection 153D

Independent enquiries: During the course of assessment proceedings, in order to verify the identity, credit worthiness and genuineness of the transactions related to share application money, notices u/s 133(6) dated 09.10.2019 were issued to the following share applicant — 1 M/s Nawab Vyapai2r Pvt Ltd 2 M/s Accurate Ashray

ACIT, Circle-3(1), New Delhi vs. Arise India Ltd., New Delhi

In the result, the appeal of the Revenue is allowed for statistical purposes

ITA 3962/DEL/2018[2014-15]Status: DisposedITAT Delhi25 Oct 2023AY 2014-15

Bench: Shri N.K.Billaiya & Shri Kul Bharat[Assessment Years : 2012-13] Dcit, Vs M/S. Arise India Ltd., Circle-3(1), Room No.380B, B-38, Jain Chowk, C.R.Building, I.P.Estate, Mangla Puri, Palam, New Delhi. New Delhi-110045. Pan-Aadca3432E Appellant Respondent [Assessment Year: 2014-15] Acit, Vs M/S. Arise India Ltd., Circle-3(1), Room No.380B, B-38, Jain Chowk, C.R.Building, I.P.Estate, Mangla Puri, Palam, New Delhi-110002. New Delhi-110045. Pan-Aadca3432E Appellant Respondent Appellant By Shri Zafarul Haque Tanweer, Cit Dr Respondent By None Date Of Hearing 25.10.2023 Date Of Pronouncement 25.10.2023 Order Per Kul Bharat, Jm : Both Appeals Filed By The Revenue Against The Order Of Ld.Cit(A)-1, New Delhi Dated 23.08.2016 For The Assessment Year 2012-13 & Against The Order Of Ld.Cit(A)-32, New Delhi Dated 27.12.2017 For The Assessment Year 2014- 15. The Appeals Are Taken Up Together For Hearing & Are Being Disposed Off By Way Of Consolidated Order For The Sake Of Brevity & Convenience.

Section 143(3)Section 68

made by the AO on account of unexplained cash credit u/s 68 of the Income-tax Act, 1961 in the form of share application money particularly when not only the assessee but also the share applicant have failed to offer satisfactory explanation regarding source of such share application money

DCIT, New Delhi vs. M/S. Arise India Ltd., New Delhi

In the result, the appeal of the Revenue is allowed for statistical purposes

ITA 5714/DEL/2016[2012-13]Status: DisposedITAT Delhi25 Oct 2023AY 2012-13

Bench: Shri N.K.Billaiya & Shri Kul Bharat[Assessment Years : 2012-13] Dcit, Vs M/S. Arise India Ltd., Circle-3(1), Room No.380B, B-38, Jain Chowk, C.R.Building, I.P.Estate, Mangla Puri, Palam, New Delhi. New Delhi-110045. Pan-Aadca3432E Appellant Respondent [Assessment Year: 2014-15] Acit, Vs M/S. Arise India Ltd., Circle-3(1), Room No.380B, B-38, Jain Chowk, C.R.Building, I.P.Estate, Mangla Puri, Palam, New Delhi-110002. New Delhi-110045. Pan-Aadca3432E Appellant Respondent Appellant By Shri Zafarul Haque Tanweer, Cit Dr Respondent By None Date Of Hearing 25.10.2023 Date Of Pronouncement 25.10.2023 Order Per Kul Bharat, Jm : Both Appeals Filed By The Revenue Against The Order Of Ld.Cit(A)-1, New Delhi Dated 23.08.2016 For The Assessment Year 2012-13 & Against The Order Of Ld.Cit(A)-32, New Delhi Dated 27.12.2017 For The Assessment Year 2014- 15. The Appeals Are Taken Up Together For Hearing & Are Being Disposed Off By Way Of Consolidated Order For The Sake Of Brevity & Convenience.

Section 143(3)Section 68

made by the AO on account of unexplained cash credit u/s 68 of the Income-tax Act, 1961 in the form of share application money particularly when not only the assessee but also the share applicant have failed to offer satisfactory explanation regarding source of such share application money