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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

M/S Kalyani Barter Pvt. Ltd., Kolkata vs. DCIT, Cir-2(1), Kolkata

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

ITA 414/KOL/2019[2012-13]Status: DisposedITAT Kolkata26 Feb 2024AY 2012-13

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. No.414/Kol/2019 Assessment Years: 2012-13 Vs. Kalyani Barter Pvt. Ltd. Dcit, Circle-2(1), Kolkata 2, Ganesh Chandra Avenue, 2Nd Floor, Room No. 5, Kolkata-700013. (Pan: Aacck7579D) (Appellant) (Respondent) Appearances By: Shri Miraj D. Shah, Ar Appeared For Appellant. Shri S. Dutta, Cit, Dr Appeared For Respondent. Date Of Concluding The Hearing : 20.02.2024 Date Of Pronouncing The Order : 26.02.2024 Order Per Manish Borad: This Appeal Filed By The Assessee Pertaining To The Assessment Year (In Short “Ay”) 2012-13 Is Directed Against The Order Passed U/S 250 Of The Income Tax Act, 1961 In Short The “Act”) By Ld. Commissioner Of Income-Tax (Appeals)-1, Kolkata [In Short Ld. “Cit(A)”] Dated 22.01.2019 Arising Out Of The Assessment Order Passed U/S 143(3) Of The Act By Ld. Dcit, Circle-2(1), Kolkata. 2. Assessee Has Effectively Raised Four Grounds Of Which Two Relate To Addition U/S. 68 Of The Act On Account Of Unexplained Share Capital & Unsecured Loan, One Relates To Disallowance U/S. 14A Of The Act & Through Ground No. 4 It Has Claimed That The Order Passed By Ld. Cit(A) U/S. 250 Of The Act Is Not Correct Confirming The Arbitrary Disallowances/Additions.

Section 143(2)Section 143(3)Section 14ASection 250Section 68

addition is regarding unexplained cash credit in the form of share capital/share premium and unsecured loan which the assessee has taken from paper company/ shell company/ accommodation entry provider and Jama Kharchi Companies and assessee failed to explain the nature and source of the same as mandated

Vrinda Engineers Pvt. Ltd., Kolkata vs. PCIT, Cer-1, Kolkata.

In the result, both the appeals of the assessee are allowed

ITA 1274/KOL/2023[2012-13]Status: DisposedITAT Kolkata21 Feb 2024AY 2012-13

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Boradi.T.A. Nos. 1274/Kol/2023 Assessment Year: 2012-2013 Vrinda Engineers Pvt. Ltd.,.......................Appellant C/O. Subash Agarwal & Associates, Advocates, Siddha Gibson, 1, Gibson Lane, Suite-213, 2Nd Floor, Kolkata-700069 [Pan: Aaacv9131E] -Vs.- Principal Commissioner Of Income Tax,....Respondent Central-1, Kolkata, Aayakar Bhawan Poorva, 110, Shantipally, E.M. Bypass, Kolkata-700107 -A N D- I.T.A. Nos. 1232/Kol/2023 Assessment Year: 2012-2013 Vrinda Engineers Pvt. Ltd.,.......................Appellant C/O. Subash Agarwal & Associates, Advocates, Siddha Gibson, 1, Gibson Lane, Suite-213, 2Nd Floor, Kolkata-700069 [Pan: Aaacv9131E] -Vs.- Assistant Commissioner Of Income Tax,....Respondent Central Circle-1(1), Kolkata, Aayakar Bhawan Poorva, 110, Shantipally, E.M. Bypass, Kolkata-700107

Section 142(1)Section 143(3)Section 263Section 4

Hariom Suppliers Pvt. Ltd., M/s Swampushpa Vanijya Pvt. Ltd, which are also shell/paper companies. Reportedly, M/s Rupali Financial i consultants Pvt. Ltd. is a shell company, which is controlled and managed by entry operator Shri Ravi Newatia. During the year under consideration, the assessee-company has received ... view that DDIT(Investigation) has transmitted the information showing that in lieu of certain commission, these companies have taken entries of loan from various shell companies. Now the date of this information is not discernable in the reasons recorded by the ld. Assessing Officer on second occasion, whereas the first

Vrinda Engineers Pvt. Ltd., Kolkata vs. ACIT, C.C-1(1), Kolkata.

In the result, both the appeals of the assessee are allowed

ITA 1232/KOL/2023[AAACV9131E]Status: DisposedITAT Kolkata21 Feb 2024

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Boradi.T.A. Nos. 1274/Kol/2023 Assessment Year: 2012-2013 Vrinda Engineers Pvt. Ltd.,.......................Appellant C/O. Subash Agarwal & Associates, Advocates, Siddha Gibson, 1, Gibson Lane, Suite-213, 2Nd Floor, Kolkata-700069 [Pan: Aaacv9131E] -Vs.- Principal Commissioner Of Income Tax,....Respondent Central-1, Kolkata, Aayakar Bhawan Poorva, 110, Shantipally, E.M. Bypass, Kolkata-700107 -A N D- I.T.A. Nos. 1232/Kol/2023 Assessment Year: 2012-2013 Vrinda Engineers Pvt. Ltd.,.......................Appellant C/O. Subash Agarwal & Associates, Advocates, Siddha Gibson, 1, Gibson Lane, Suite-213, 2Nd Floor, Kolkata-700069 [Pan: Aaacv9131E] -Vs.- Assistant Commissioner Of Income Tax,....Respondent Central Circle-1(1), Kolkata, Aayakar Bhawan Poorva, 110, Shantipally, E.M. Bypass, Kolkata-700107

Section 142(1)Section 143(3)Section 263Section 4

Hariom Suppliers Pvt. Ltd., M/s Swampushpa Vanijya Pvt. Ltd, which are also shell/paper companies. Reportedly, M/s Rupali Financial i consultants Pvt. Ltd. is a shell company, which is controlled and managed by entry operator Shri Ravi Newatia. During the year under consideration, the assessee-company has received ... view that DDIT(Investigation) has transmitted the information showing that in lieu of certain commission, these companies have taken entries of loan from various shell companies. Now the date of this information is not discernable in the reasons recorded by the ld. Assessing Officer on second occasion, whereas the first