← 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

Jt CIT(OSD)-Central Circle-1(4), Mumbai vs. Vainavin Realty Pvt Ltd, Mumbai

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

ITA 878/MUM/2022[2014-15]Status: DisposedITAT Mumbai26 May 2023AY 2014-15

Bench: Us The Ld Counsel For The Assessee Submitted That This Issue Is Covered By Series Of Decision In The Group Case Of The Assessee & In Support, Decision Of Itat In The Case Of Jcit(Osd) Vs. Nabendu Engineering Pvt. Ltd Ita No. 875/Mum/2022 Dated 12.12.2022 Wherein, Exactly Similar Grounds Were Raised Except In Variations In Figures Of Share Application Money. In This Case Also The Assessee Has Filed Application Under Rule 27 Of The Income Tax (Appellate Tribunal) Rules, 1963 Raising Legal Issue Contending That Before The Ld Cit (A) The Assessee Has Raised These Legal Grounds That The Addition Made By The Ao Are Not Based On Any Incriminating Material Or Evidence Found During The Course Of Search Relating To The Additions Made By The Ao & Is Beyond The Scope Of Section 153C Of The Act. The Said Grounds Read As Under:-

Section 132(1)Section 139Section 143(3)Section 153CSection 153C(1)Section 68

various grounds of appeal, the revenue has challenged the deletion of addition of Rs. 2,09,00,000/- received by the assessee as share application money and treated as unexplained cash credit by the AO. 3. Before us the ld counsel for the assessee submitted that this issue is covered ... Nabendu Engineering Pvt. Ltd ITA No. 875/Mum/2022 dated 12.12.2022 wherein, exactly similar grounds were raised except in variations in figures of share application money. In this case also the assessee has filed application under Rule 27 of the Income Tax (Appellate Tribunal) Rules, 1963 raising legal issue contending that before