DCIT v. Alcon Biosciences P. Ltd( 2018) 164 DTR 193/193 TTJ 1 (Mum)(Trib) , www.itatonline.org

S. 45: Capital gains-Cash credits- Share capital-Shares were issued at premium- Identity and PAN was furnished addition cannot be made as undisclosed income . [ S. 68, 133(6) ]

Dismissing the appeal of the revenue the Tribunal held that ; the fact that a Pvt. Ltd co issued shares at an exorbitant premium is irrelevant if the assessee has proved the genuineness of the transaction. If the assessee has furnished necessary evidence to prove the identity of the share applicants and their PAN details, the department is free to proceed to reopen the individual assessments of the share applicants but it cannot be regarded as undisclosed income of the assessee. ( ITA No. 1946/Mum/2016, dt. 28.02.2018)(AY. 2010-11)