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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

Pitti Holdings Private Limited, Hyderabad vs. ACIT., Central Circle-1(1), Hyderabad

In the result, the appeal of the assessee is allowed

ITA 450/HYD/2025[2018-19]Status: DisposedITAT Hyderabad08 Oct 2025AY 2018-19

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.450/Hyd/2025 (िनधा"रण वष"/Assessment Year:2018-19) M/S. Pitti Holdings Pvt. Asst. Commissioner Of Vs. Ltd., Hyderabad. Income Tax, Central Circle Pan: Aagcp3824Q 1(1), Hyderabad. (Appellant) (Respondent) िनधा"रती "ारा/Assessee By: Shri A. Srinivas, C.A. राज" व "ारा/Revenue By: Dr. Sachin Kumar, Dr सुनवाई की तारीख/Date Of Hearing: 09/09/2025 घोषणा की तारीख/Pronouncement: 08/10/2025

For Appellant: Shri A. Srinivas, C.AFor Respondent: Dr. Sachin Kumar, DR
Section 148Section 148A

reasons that as per the information in the possession of the Department, the assessee has availed accommodation entries from M/s. Khoobsoorat Limited, a shell company controlled and managed by well known entry operator Sri Arun Kumar Khemka. Thus the Assessing Officer alleged in the reasons recorded that assessee was involved ... dt.10.03.2023. The Assessing Officer has proceeded as per the investigation report received in the case of Khoobsurat Limited, a shell company and the assessee is found to be a beneficiary of accommodation transaction in the shape of unsecured loans. Therefore, the reopening of assessment is based on tangible material available

Amit Realtors Private Limited, Kolkata vs. DCIT, Circle-3, Bokaro

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

ITA 243/RAN/2023[2012-13]Status: DisposedITAT Ranchi06 Oct 2025AY 2012-13

Bench: Shri George Mathan, Jm & Shri Ratnesh Nandan Sahay, Am आयकर अपील सं./Ita No.243/Ran/2023 (निि ारण वर्ा / Assessment Year :2012-2013) M/S Amit Realtors Private Limited Vs. Dcit, Circle-3, Bokaro 20/1,Ashutosh Chowdhury Avenue 1St Floor, Kolkata-700019 स्थायी लेखा सं./Pan No. : Aafca 8143 E (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्ाारिती की ओर से /Assessee By : None राजस्व की ओर से /Revenue By : None सुनवाई की तारीख / Date Of Hearing : 06/10/2025 घोषणा की तारीख/Date Of Pronouncement : 06/10/2025 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Passed By The Ld. Cit(A), Patna-3, Dated 31.10.2023, For The Assessment Year 2012-2013. 2. The Assessee Has Filed An Adjournment Application For All The Years Under Consideration As Follows :- To The Hon’Ble Income Tax Appellate Tribunal, Db-Bench, Ranchi Date:04.10.2025 Respected Sir, Sub: Appeal In The Case Of Amit Realtors Pvt. Ltd.-Ita No.243/Ran/2023: Assessment Year 2012-13 The Above Appeal Has Been Fixed For Hearing On 06.10.2025. In This Connection It Is Submitted That The Ld. Senior Counsel Shri S.M.Surana Is Out Of Kolkata & Shall Return On 06.10.2025. It Is Therefore Requested Your Honour To Kindly Allow A Short Adjournment & Oblige. For This Act Of Kindness The Petitioner As In Duty Bound Shall Every Pray. Yours Faithfully, (Abhishek Bansal, Fca) 3. It Must Be Mentioned Here That Said Mr. S.M.Surana Is Not A Senior Advocate Nor There Is Any Vakalatnama Has Been Filed In The Present Appeal. Thus, The Adjournment Application Of The Assessee Is Rejected. 4. The Ld. Cit-Dr Also Sought Adjournment In These Cases On The Following Grounds :-

For Appellant: NoneFor Respondent: None
Section 133(6)

facts in the present case clearly shows that the AO has made addition in respect of share application money received from Kolkata based alleged shell company. A perusal of the assessment order in para 7 also shows that notice u/s.133(6) of the Act was issued asking for certain details

Dy.Commissioner of Income Tax, CC-2, Kanpur vs. Shri.Mohammad Asfand Akhtar, Kanpur

In the result, the appeal of Revenue in ITA

ITA 144/LKW/2022[2018-19]Status: DisposedITAT Lucknow26 Sept 2025AY 2018-19

Bench: Shri Sudhanshu Srivastava & Shri Anadee Nath Misshraassessment Year: 2018-19 Dcit, Cc-2 V. Shri Mohammad Asfand Laxmi Niwas, 10/503, Akhtar Allenganj, Kanpur-208001. Plot No.02, Block-B, Scheme-39, Ram Rai Ki Sarai, Jajmau, Kanpur Nagar-208010. Tan/Pan: Aempa0823R (Appellant) (Respondent) Assessment Year: 2018-19 Shri Mohammad Asfand Akhtar V. Dcit, Central Circle-Ii Plot No.02, Block-B, Scheme-39, 10/503, Allenganj, Kanpur- Ram Rai Ki Sarai, Jajmau, 208001. Kanpur Nagar-208010. Tan/Pan: Aempa0823R (Appellant) (Respondent) Appellant By: Shri Ashish Jaiswal, Advocate Respondent By: Shri R. K. Agarwal, Cit(Dr) O R D E R

For Appellant: Shri Ashish Jaiswal, AdvocateFor Respondent: Shri R. K. Agarwal, CIT(DR)
Section 143(3)Section 36(1)(va)Section 37Section 41Section 41(1)Section 68Section 69C

report of DDIT(Inv) Kolkata, M/s Cooper Commercial Pvt. Ltd is not in existence and thus identity of loan provider is not established. The shell company is engaged in providing accommodation entries only. You are therefore required to show cause as to why so called unsecured loan of Rs.4 ... address as per PAN details / ITR details, thus identity & creditworthiness of the lender as well as genuineness of the transaction is not established. The shell company M/s Cooper Commercial Pvt. Ltd is engaged in providing accommodation entries and is managed and controlled by the assessee with the support of Shri

Mohd. Asfand Akhtar, Kanpur vs. Deputi Commissioner of Income Tax CC-2, Kanpur

In the result, the appeal of Revenue in ITA

ITA 139/LKW/2022[2018-19]Status: DisposedITAT Lucknow26 Sept 2025AY 2018-19

Bench: Shri Sudhanshu Srivastava & Shri Anadee Nath Misshraassessment Year: 2018-19 Dcit, Cc-2 V. Shri Mohammad Asfand Laxmi Niwas, 10/503, Akhtar Allenganj, Kanpur-208001. Plot No.02, Block-B, Scheme-39, Ram Rai Ki Sarai, Jajmau, Kanpur Nagar-208010. Tan/Pan: Aempa0823R (Appellant) (Respondent) Assessment Year: 2018-19 Shri Mohammad Asfand Akhtar V. Dcit, Central Circle-Ii Plot No.02, Block-B, Scheme-39, 10/503, Allenganj, Kanpur- Ram Rai Ki Sarai, Jajmau, 208001. Kanpur Nagar-208010. Tan/Pan: Aempa0823R (Appellant) (Respondent) Appellant By: Shri Ashish Jaiswal, Advocate Respondent By: Shri R. K. Agarwal, Cit(Dr) O R D E R

For Appellant: Shri Ashish Jaiswal, AdvocateFor Respondent: Shri R. K. Agarwal, CIT(DR)
Section 143(3)Section 36(1)(va)Section 37Section 41Section 41(1)Section 68Section 69C

report of DDIT(Inv) Kolkata, M/s Cooper Commercial Pvt. Ltd is not in existence and thus identity of loan provider is not established. The shell company is engaged in providing accommodation entries only. You are therefore required to show cause as to why so called unsecured loan of Rs.4 ... address as per PAN details / ITR details, thus identity & creditworthiness of the lender as well as genuineness of the transaction is not established. The shell company M/s Cooper Commercial Pvt. Ltd is engaged in providing accommodation entries and is managed and controlled by the assessee with the support of Shri