Alchemist Touchnology v. ACIT (2024) 206 ITD 256 (Delhi)(Trib.)

S. 69 : Unexplained investments-Seized documents-Hard disk-Investment in shares under FDI route-Allegation of Hawala-Source of source also explained-Addition were made on merely based on suspicion-Addition is deleted.[S.153C, 292C]

 During search, a hard disk was seized from premises of assessee which contained data related to money to be sent and amount received in India through FDI route. Assessing Officer  held that the  assessee had sent certain million USD in hawala route to Cyprus to secure such funds through FDI route and hence same was to be taxed in hands of assessee-company.He  held that amounts sent was undisclosed investment made by assessee for obtaining funds through FDI route to avoid tax incidence which had been introduced in its books and accordingly, made additions under section 69. CIT(A) up held the order of the Assessing Officer. On appeal the Tribunal held that  there was no evidence to prove that amounts sent shown in hard disk was actually amounts sent by assessee-company in hawala route which had ultimately found its way in form of share capital and share premium under FDI route. Also FT&TR reference was made to Cyprus tax authorities, pursuant to which report duly confirmed that one ‘LGF fund’ had raised monies through issue of shares and those monies had been utilized by them for making investment in shares of assessee-company under FDI route. Since source of source was also duly established and proved by assessee-company, addition made by Assessing Officer were merely based on suspicion and were to be deleted. (AY. 2013-14)

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