ACIT v. Enrich Agro Food Products (P.) Ltd. (2022)217 TTJ 815/214 DTR 147/ 141 taxmann.com 309 (Delhi)(Trib.)

S. 68 : Cash credits-Share capital-Share premium-Burden discharged-Addition was deleted. [S. 10(38), 45]

For addition under section 68, the only requirement is to establish the identity, genuineness, and creditworthiness of the investors and not the value of share premium. Assessee filed Form PAS-3 filed before ROC, Confirmation from the investor,  Statements of bank account of the investor showing payments towards share application money. Share Application form duly filled by the investor. Copy of PAN card of the investor. A copy of the acknowledgement of the Income-tax return filed for AY 2015-16 by the investor along with the statement of affairs for the year ended 31st March 2015. For addition u/s 68, the only requirement is to establish the identity, genuineness and creditworthiness of the investors and not the value of share premium. Even otherwise, it was very clear that the issue price of shares was justified as per Rule 11UA. (AY. 2015-16)