DCIT v. Jaymala Infrastructure P. Ltd. (Mum) (Trib) (UR)
S. 68: Cash credits – Share capital – Need not prove source of the source – Order of CIT(A) deleting the addition is affirmed. [S. 131, 133(6)]
The assessee is engaged in the civil construction and renting of immovable properties. Assessing Officer made addition for the share capital allotted treating the same as unexplained cash credit in terms of u/s 68 of the Act. The assessee has already discharged its onus u/s 68 of the Act by way producing required documents before the AO but the AO neither issued any notice u/s 133(6) nor summon u/s 131 of the Act for verification of the parties or documents filed in respect of those parties. The CIT(A) duly verified the documents and concluded that those subscribers were having sufficient creditworthiness to invest in the share capital of the assessee company. The Revenue has failed to rebut the finding of ld CIT(A) before ITAT. The grounds raised by the Revenue are accordingly dismissed. ITA No. 2719/M/2023, dt. 13/05/2024. (AY. 2012-13)
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