AO made contribution to share capital of the assessee as cash credits, which was affirmed by the CIT(A). On appeal by the assessee the allowing the appeal the Tribunal held that the assessee has discharged its onus to prove the identity, creditworthiness and genuineness of the share applicants by producing the PAN details, bank account statements, audited financial statements and Income Tax acknowledgments and the investors have shown the source of source & personally appeared before the AO in response to s. 131 summons. The judgement in PCIT v. NRA Iron & Steel (2019) 103 taxmann.com 48 (SC) is distinguished on facts stating that in the said decision the AO had made extensive enquiries and from that he had found that some of the investor companies were non –existent which is not the case in the assessee.) (ITA. No.1494/Kol/2017, dt. 05.04.2019)(AY. 2012-13)
Baba Bhootnath Trade & Commerce Ltd. v. ITO ( 2019) 177 DTR 169/ 199 TTJ 423 (Kol.)(Trib), www.itatonline.org
S. 68 : Cash credits-Share Capital-identity, creditworthiness and genuineness of the share applicants by producing the PAN details, bank account statements, audited financial statements and Income Tax acknowledgments and the investors have shown the source of source & personally appeared before the AO in response to s. 131 summons- Addition cannot be made as cash credits. [S. 131, 133(6)]