ITO v. Axisline Investment Consultants (P.) Ltd. (2019) 178 ITD 402 (Kol.)(Trib.)

S. 68 : Cash credit-Share application money–Share premium-Name, address, PAN of share applicants together with copies of their balance sheets and returns and, amount received by account payee cheques out of sufficient bank balances maintained-Addition is held to be not valid.

Assessee received share capital along with share premium from various investors. The AO  held  that assessee failed to prove identity, genuineness and creditworthiness of share subscribers, added the amount as cash credits.   CIT (A) deleted the addition. On appeal by the revenue the Tribunal held that, for proving identity of share applicants, assessee had furnished name, address, PAN of share applicants together with copies of their balance sheets and returns, with regard to creditworthiness of share applicants, applicant companies were having capital in several crores of rupees and investment made in assessee was only a small part of their capital. As regards genuineness of transactions, monies had been directly paid to assessee by account payee cheques out of sufficient bank balances maintained by share applicants.  Accordingly the addition is held to be not valid. (AY.  2012-13)