BST Infratech Ltd. v. DCIT (2023) 199 ITD 6 (Kol) (Trib.)

S. 68 : Cash credits-Share application money-Share premium-Share holders had sufficient fund-Addition is deleted.

 Assessee-company in account books had shown receipt of share capital and share premium from different private limited companies and furnished required documents to prove identity and creditworthiness of share subscribers and genuineness of transactions.  Assessing Officer treated share capital and share premium as unexplained income and added same to assessee’s income under section 68. Commissioner (Appeals) confirmed addition. On appeal the Tribunal held that the   assessee had established that share application money was received through proper banking channels; shareholders had sufficient fund for purpose of investment and investments were reflected in their books of account and bank accounts of shareholders confirmed transactions. Addition is directed to be deleted.  (AY. 2012-13)