DCIT v. J.A. Infracon (P.) Ltd. (2025) 211 ITD 471 (Ahd) (Trib.)

S. 68 : Cash credits-Share application money and share premium-Filed necessary details-Deletion of order by CIT(A) is affirmed.[S. 133(6)]

Assessee company received share application money with premium from three parties. Assessing Officer issued notices to assessee to provide details of share applicants/subscribers and assessee failed to comply with notices.  Assessing Officer issued notices under section 133(6) to share applicants but same were also not replied by them. Assessing Officer treated share application money as unexplained cash credit. During appellate proceedings the  assessee submitted confirmations from share subscribers, copy of bank statements, acknowledgement copy of ITR along with copy of annual reports, share application in Form No. 2, memorandum and articles of association, copy of board resolutions and details of net worth of share applicants. Commissioner (Appeals) called for a remand report from Assessing Officer and issued notice under section 133(6) to aforesaid investor companies and in response to same, parties namely ‘ATPL’ and ‘ALPL’ confirmed transactions with assessee company with necessary documents and evidences. CIT(A) deleted the addition. On appeal the Tribunal affirmed the order of the CIT(A). (AY. 2012-13)

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