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“shell company”

Cash Credits & Unexplained ItemsSection 68Section 68620 judgments

The decision most relied on for shell company is (Central)-1 v. NRA Iron & Steel (P) Ltd. (103 Taxmann.com 48), cited in 696 judgments on BharatTax.

Leading authorities on shell company

(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.

Principal CIT v. Sreeleathers
448 ITR 332 · 2022 · High Court
88
citing judgments

Additions made by an Assessing Officer under Section 68 for unsecured loans or share capital/premium are perverse if based merely on an allegation of 'shell companies' without proper findings, especially when the assessee has provided evidence and lenders confirmed transactions through Section 133(6) notices.

CIT v. Varinder Rawlley
366 ITR 232 · 2014 · High Court
79
citing judgments

An assessee discharges the initial onus under Section 68 for cash credits by proving the identity and genuineness of the transaction, typically through account payee cheques, bank entries, and the creditor's PAN. The amount cannot be added as the assessee's income unless the department produces material linking the funds to the assessee or demonstrating the creditor's source flowed from the assessee, especially if the creditor is not under the assessee's control.

Major Metals Ltd. v. Union of India
19 Taxmann.com 176 · 2012 · High Court
54
citing judgments

When an unlisted company issues shares at an unjustifiably high premium to subscribers who lack the financial standing and creditworthiness, the entire transaction may be deemed not genuine, leading to the addition of the share capital and premium under Section 68 as unexplained cash credit.

PCIT v. Vaishnodevi Refoils & Solvex
89 Taxmann.com 80 · 2018 · High Court
46
citing judgments

The addition of share application money to the income of the assessee under Section 68 is not justified if the assessee has discharged the initial onus by providing complete particulars and documentary evidence of the creditor, and the Revenue has failed to prove otherwise. The Supreme Court has also dismissed the Revenue's SLP in this matter.

CIT v. Nivedan Vanijya Niyojan Ltd.
263 ITR 623 · 2003 · High Court
36
citing judgments

An assessee must establish the identity, creditworthiness, and genuineness of subscribers to share capital. Furnishing income tax file numbers alone is insufficient to discharge this burden.

48(SC) 2. Principal Commission of Income Tax v. NDR Promoters (P) Ltd.
96 Taxmann.com 602 · 2018 · High Court
27
citing judgments

The addition of share capital under Section 68 is unsustainable if the Assessing Officer issues summons to investor entities but receives no appearance, relying solely on submissions via DAK, raising doubts about investor identity and genuineness.

CIT v. Real Time Marketing (P) Ltd.
306 ITR 35 · 2008 · High Court
26
citing judgments

An addition under Section 68 for share application money cannot be made solely on the basis that the money deposited in the bank account of a third party was the assessee's money, if there is no material to link the assessee with the deposit.

Judgments citing shell company

Income Tax Officer- 6(2), Lucknow vs. M/S. Status Vyapaar Pvt. Ltd., Lucknow

ITA 403/LKW/2020[2012-13]Status: HeardITAT Lucknow13 Aug 2025AY 2012-13

Bench: Shri Kul Bharat & Shri Anadee Nath Misshraआयकर अपील सं/ Ita No.403/Lkw/2020 निर्धारण वर्ष / Assessment Year: 2012-13 Income Tax Officer-6(2) 27/2, Raja Ram Mohan Rai Marg, P. K. Complex, 3Rd Floor, Lucknow-226001. V. M/S. Status Vyapaar Pvt Ltd 24, Eldico Greens, Gomti Nagar, Lucknow-226010. Pan:Arvpm1497R अपीलार्थी/(Appellant) प्रत्यर्थी/(Respondent) अपीलार्थी कि और से/Appellant By: Shri Raghunath Mishra, Adv प्रत्यर्थी कि और से /Respondent By: Shri R. K. Agarwal, Cit(Dr) Order Per Anadee Nath Misshra, Am.: This Appeal, By The Revenue, Is Directed Against The Order Of The Learned Commissioner Of Income-Tax (Appeals)-2, Lucknow Dated 24.09.2020, Pertaining To The Assessment Year 2012-13. The Revenue Has Raised The Following Grounds Of Appeal: - “1. Whether On The Facts Of Circumstances Of The Case & In Law. Ld. Cit(A)-2, Lucknow Erred In Restricting The Addition Of Rs.6,34,00,000/- Made By The Ao On Account Of Unexplained Credit U/S 68 Of The Act To Commission Income Calculated At 1% Without Appreciating That The Assessee Had Failed To Furnish Satisfactory Explanation With Regard To Identify Of The Parties, Source & Genuineness Of The Transaction 2. The Appellant Craves Leave To Add Or Amend Any One Or More Of The Grounds Of Appeal As & When Need To Doing So Arises With The Prior Permission Of The Court.” 2. In This Case, Assessment Order Dated 29.12.2019 Was Passed By The Assessing Officer Whereby The Assessee'S Total Income Was Assessed At Rs.6,34,42,150/-. Thereafter, During The Assessment Proceedings, The Assessing Officer Noted That There Were Total Credit Entries Of Rs.9.84 Crores & Matching Debit

For Appellant: Shri Raghunath Mishra, AdvFor Respondent: Shri R. K. Agarwal, CIT(DR)
Section 150Section 68

आयकर अपीलीय अधिकरण 'ए' न्यायपीठ, लखनऊ। IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH “A”, LUCKNOW श्री कुल भारत, उपाध्यक्ष

Spice Dealcomm Pvt. Ltd., Kolkata vs. ACIT (OSD), Ward-1(3), Kolkata

The appeal of the assessee is allowed for statistical purposes

ITA 2428/KOL/2024[2011-12]Status: DisposedITAT Kolkata30 Jul 2025AY 2011-12

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.2428/Kol/2024 Assessment Year: 2011-12 Spice Dealcomm Pvt. Ltd.……...……..…………………....Appellant Dc-9/28, Shastri Bagan, Deshbandhu Nagar, W.B. – 700059. [Pan: Aapcs1202G] Vs. Acit (Osd), Ward-1(3), Kolkata.………..………………….…..... Respondent Appearances By: None Appeared On Behalf Of The Appellant. Shri Manas Mondal, Acit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : July 24, 2025 Date Of Pronouncing The Order : July 30, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal By The Assessee Is Directed Against The Order Dated 25.01.2023 Passed By The Nfac [In Short Cit(A)] Under Section 250 Of The Income-Tax Act, 1961. 2. At The Outset, It Is Noted That There Is A Delay Of 616 Days In Filing The Present Appeal Before The Tribunal. The Assessee Has Filed A Condonation Petition Explaining The Reasons Or Such Delay. After Considering The Submissions & Materials On Record, We Are Satisfied That There Was Reasonable Cause For The Delay In Filing The Appeal. Accordingly, The Said Delay Is Condoned & The Appeal Is Admitted For Adjudication.

Section 147Section 148Section 250Section 250(6)Section 68

declaring total income Nil. As per information received by I.T. Department that the assessee company had received accommodation entries of Rs.64,55,000/- from shell company managed and controlled by the Loharukas during the assessment year under consideration. The Assessing Officer believed that there was prima facie escarpment of income