|CORAM:||H. S. Sidhu (JM), N. K. Saini (AM)|
|CATCH WORDS:||bogus share capital, unexplained cash credit|
|COUNSEL:||O. P. Mody|
|DATE:||April 1, 2015 (Date of pronouncement)|
|DATE:||April 6, 2015 (Date of publication)|
|FILE:||Click here to download the file in pdf format|
|S. 68: Even if the issue share capital is bogus, no addition can be made in assessee's hands if identity of shareholder is established. Assessee is not required to show source of shareholder's funds|
Hon’ble Supreme Court of India in the case of CIT VS. Lovely Export 299 ITR 261 (SC) which has confirmed the order of Hon’ble Delhi High Court has held that once the identity of the share holder have been established, even if there is a case of bogus share capital, it cannot be added in the hands of company unless any adverse evidence is not on record. The documentary evidence filed by the assessee shows that the assessee has provided confirmations from all the parties as well as various evidences to establish the genuineness of the transaction. In Nemi Chand Kothari Vs.
CIT 264 ITR 254 (Gauhati) it was held that it is a certain law that the assessee is to prove the genuineness of transaction as well as the creditworthiness of the creditor must remain confined to the transactions which have taken place between the assessee and the creditor. It is not the business of assessee to find out the source of money of creditors. Similar observation has also been given in the case of Hastimal 49 ITR 273 (Madr) and Daulatram Rawatmal (1973) 87 ITR 349 (SC).