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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

Alma Assets Consultancy Private Limited., Ludhiana vs. ITO, Ward-4(3), Kolkata.

In the result, the appeal of the assessee stands allowed

ITA 1092/KOL/2023[2011-12]Status: DisposedITAT Kolkata20 May 2024AY 2011-12

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.1092/Kol/2023 Assessment Year : 2011-12 Alma Assets Consultancy Pvt. Ltd.………............…...……………....Appellant 341-K1, Post Office: Sahabana, Chandigarh Road, Mundian Khurd Ludhiana. [Pan: Aaica6234H] Vs. Ito, Ward-4(3), Kolkata…….............................................…..…..... Respondent Appearances By: Shri Sunil Surana, Ar, Appeared On Behalf Of The Appellant. Shri Rakesh Kumar Das, Cit-Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : April 10, 2024 Date Of Pronouncing The Order : May 20 , 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 21.08.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Agitated Against The Confirmation Of Addition Of Rs.10,26,99,100/- Made By The Assessing Officer As Unexplained Cash Credits Into The Income Of The Assessee. 3. The Assessee Through Its Grounds Of Appeal Has Contested Not Only The Validity Of The Additions On Merits But Also Relating To The Validity Of The Reopening Of The Assessment U/S 147 R.W.S. 148 Of The Act & Also The Validity Of The Assessment For Want Of Issue Of Notice U/S 143(2) Of

Section 143(1)Section 143(2)Section 147Section 148Section 250

Amit Sutradhar and Barbarik Marketing Pvt Ltd without any financial rationale. As apparent from the transaction pattern Barbarik Marketing Pvt Ltd is a shell company whose bank account was used for rotation of money. One of the beneficiary is the assessee company and it has received Rs.50,00,000/- from

Deepak Switch Gears Pvt. Ltd., Kolkata vs. PCIT, Asansol

In the result, the appeal of the assessee stands allowed

ITA 809/KOL/2023[2012-13]Status: DisposedITAT Kolkata07 May 2024AY 2012-13

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. No.809/Kol/2023 Assessment Year: 2012-13 Deepak Switch Gears Pvt. Ltd….…......................…...……………....Appellant 48/6, Suman Villa, 2Nd Floor, 155, Jessore Road, Kolkata-700055. [Pan: Aabcd1131H] Vs. Pcit, Asansol….....….........................................................…..…..... Respondent Appearances By: Shri A. K. Tibrewal, Ar, Appeared On Behalf Of The Appellant. Shri Abhijit Kundu, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : April 08, 2024 Date Of Pronouncing The Order : May 07, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Revision Order Dated 30.12.2022 Of The Principal Commissioner Of Income Tax, Kolkata [Hereinafter Referred To As ‘Pr. Cit’] Passed U/S 263 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). The Assessee In This Appeal Has Agitated Against The Action Of The Pr. Cit In Exercising His Revision Jurisdiction U/S 263 Of The Act & Thereby Directing The Assessing Officer To Frame The Assessment Afresh. 2. The Registry Has Pointed Out That The Appeal Is Time-Barred By 158 Days. A Separate Application Of Condonation Of Delay Has Been Filed, Wherein, It Has Been Pleaded That After Receipt Of The Impugned Order Of The Pr. Cit, The Assessee, Through Its Director, Shri Deep Kishan Saraf, Immediately Approached One Shri Pawan Kumar Agarwal, Chartered

Section 253Section 263Section 5

आयकर अपील"य अ"धकरण, कोलकाता पीठ ‘बी’, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH KOLKATA "ी संजय गग

M/S Prudential Management Advisors Pvt.Ltd., Kolkata vs. ACIT, Cir-3(1), Kolkata.

In the result, appeal of the assessee is partly allowed

ITA 719/KOL/2023[2013-14]Status: DisposedITAT Kolkata21 Mar 2024AY 2013-14

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 719/Kol/2023 Assessment Year: 2013-14 M/S. Prudential Management Assistant Commissioner Of Advisors Pvt. Ltd. Vs Income Tax, Circle-3(1), Kolkata Suite No. 10, 5Th Floor Shantiniketan Building 8, Camac Street Kolkata - 700017 [Pan : Aaecp2505Q] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Manoj Kataruka, A/R Revenue By : Shri Abhijit Kundu, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 22/01/2024 घोषणा क" तारीख /Date Of Pronouncement: 21/03/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre, Delhi (Hereinafter The “Ld. Cit(A)”) Dt. 24/05/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2013-14. 2. The Assessee Has Raised The Following Grounds Of Appeal:- “1) That On The Facts & In The Circumstances Of The Case The Action Of The Cit(A) To Confirm The Addition Made By The Ao Of Rs.6,34,50,000/- On Account Of Loss On Sale Of Investments Is Contrary To The Material Evidences Of Record & The Addition Is Arbitrary, Excessive & Illegal. 2) That On The Facts & In The Circumstances Of The Case The Action Of The Cit(A) Confirm The Addition Made By The Ao Of Rs.25,33,00,386/- On Account Of Sundry Creditors U/S 41(1) Of The Act Is Contrary To The Material Evidences Of Record & The Addition Is Arbitrary, Excessive & Illegal.

For Appellant: Shri Manoj Kataruka, A/RFor Respondent: Shri Abhijit Kundu, CIT, D/R
Section 143(2)Section 143(3)Section 250Section 254Section 41(1)

basis adopted by the Assessing Officer for denying the claim of loss is that Pyramid Sale Pvt. Ltd., is a shell company operated by an entry operator. He has also referred to statement of Ajay Anand Puglia. 9 I.T.A. No. 719/Kol/2023 Assessment Year: 2013-14 M/s. Prudential Management Advisors