DCIT v. Lotus Logistics & Developers Ltd. (2022) 195 ITD 241 / 216 TTJ 241 /211 DTR 185 (Mum.)(Trib.)

S. 68 : Cash credits-Share capital-Share premium-Special Bench-Shell company-Accommodation entries-Circumstances indicate that the investor company is a shell company-Matter referred to special bench. [S. 254]

The AO assessed the share capital and share premium received from Kokatta  based company as cash credits u/s. 68 of the Act. On appeal the CIT(A) deleted the  addition. On appeal by the Revenue the Tribunal held that the material facts were discernible from material on records. Further, in lieu of contrary approaches adopted by the  co-ordinate benches, the matter was referred to larger bench for an authoritative decision to bring an end to such divergence of approach, so as to constitute binding precedent for all the division benches.   (AY.2008-09 & 2010-11 to 2015-16)