SLP dismissed – No section 68 additions if identity of applicants was clearly revealed

Loading

SLP dismissed – No section 68 additions if identity of applicants was clearly revealed

[2018] 98 taxmann.com 173 (SC)

SUPREME COURT OF INDIA

Principal Commissioner of Income Tax

v.

Himachal Fibers Ltd.*

Section 68 of the Income-tax Act, 1961 – Cash credit (Share capital)

– In course of assessment, Assessing Officer noted that assessee was a sick company during relevant year but had nevertheless collected substantial amounts to extent of Rs. 12 crores invested by two share applicants – Assessing Officer took a view that identity of shareholders and genuineness of transaction had not been established and, accordingly, brought to tax said amount

-Tribunal as well High Court found that even though assessee was a sick company earlier, yet it pulled out of woods in year 2010 – It was also noticed that identity of share applicants was clearly revealed but Assessing Officer did not conduct any enquiry except resting his conclusions on surmises – Accordingly, addition made by Assessing Officer was deleted – Whether on facts, SLP filed against order passed by High Court was to be dismissed – Held, yes

[Para 2] [In favour of assessee]*


[button color=”” size=”” type=”round” target=”” link=”https://thetaxtalk.com/”]home[/button]  [button color=”” size=”” type=”round” target=”” link=”https://thetaxtalk.com/submit-article-publish-your-articles-here/”]Submit Article [/button]  [button color=”” size=”” type=”round” target=”” link=”https://thetaxtalk.com/discussion-on-tax-problem/”]Ask Question [/button]

Menu