The share premium received from the two parties, neither party responded to the notice under section 133(6) nor did the assessee file any supportive documents to satisfy the lower authorities. To explain any cash credit as genuine, the onus was always on the assessee to substantiate with evidence, to the satisfaction of the Assessing Officer, the identity and creditworthiness of the share applicants and the genuineness of the transactions. The assessee had failed to do so. As a result, it was proper to restore the issue to the file of the Assessing Officer with direction to give opportunity of hearing to the assessee to substantiate its stand. (AY.2015-16)
Brash Steels Pvt. Ltd. v. ITO (2021) 91 ITR 19 (Delhi)(Trib.)
S. 68 : Cash credits-Share application money-Notice issued to share applicants u/s 133(6) of the Act-Matter remanded. [S. 133(6)]