CIT v. Oriental International Co. P. Ltd. (2018) 401 ITR 83/ 301 CTR 145/ 162 DTR 170 (Delhi) (HC)

S. 68: Cash credits — Share application money — Merely on the basis of statement given by Directors of investing companies additions cannot be made when the assesse has provided all necessary evidences – Burden is on revenue to prove otherwise.

Dismissing the appeal of the revenue the Court held that ; the lone circumstance of a director disowning the document itself could not have constituted fresh material to reject the documentary evidence. The existence of the company as an Income-tax assessee and that it had furnished audited accounts was not in dispute. Furthermore, its bank details too were furnished to the Assessing Officer. If the Assessing Officer were to conduct his task diligently, he ought to have at least sought the material by way of bank statements, etc., to discern whether in fact the amounts were infused into the shareholder’s account in cash at any point of time or that the amount were such as to be beyond their means. The Assessing Officer failed to do so. The Tribunal rightly set aside the addition made under section 68 of the Act.