Dy.CIT v. International Land and Developers P. Ltd. (2020) 79 ITR 441 ( Delhi) (Trib)

S. 68 : Cash credits – Share premium — Identity and creditworthiness of share holders and genuineness transaction is not doubted – Merely for not furnishing the valuation report -Addition is held to be not justified .

Tribunal held that the share premium of Rs. 90 per share had been contributed by the shareholders owing to various facts . Further, the Assessing Officer had not disputed the identity, genuineness and creditworthiness of the shareholders. Hence, the invocation of the provisions of section 68 of the Income-tax Act, 1961 for the simple reason of non-filing the valuation report by the assessee and not referring the cost of the land to the DVO, and without bringing any material on record to fulfil the criteria of section 68 , was not justified.  ( AY.2012-13)