DCIT v. ATC Realtors (P.) Ltd. (2019) 178 ITD 293/ 184 DTR 1 (Guwahati) (Trib.)

S. 68 : Cash credits-Share application money–Premium-Confirmation filed-Mode of investment is explained–Addition is held to be not justified.

The assessee received a certain amount from one Investor as an investment towards share capital and share premium. The AO noticed that neither DML nor assessee produced any documentary evidence that said amount was deposited DML. Hence, made additions u/s. 68 on account of bogus share capital and share premium. CIT (A) deleted the addition. Dismissing the appeal of the revenue the Tribunal held that, the investor, has proved the identity beyond doubt and that notices, summons etc. were duly served upon her at her address provided by assessee. Investors was a woman having considerable financial strength and capacity who had a substantial annual income further she had investments in many immovable properties. Investor has confirmed investment made by her in shares of assessee-company and had also explained mode of investment with substantiated reasons as well as justification for making investments in shares of assessee. Addition is held to be  not valid. (AY. 2012-13,  2013-14)