ITO v . KNS Realtors Pvt. Ltd. (2020) 82 ITR 9 (SN)(Delhi) (Trib)

S. 68 : Cash credits – Share application money — Share premium – Not establishing the creditworthiness – Investment through conduit of investor companies-Addition is held to be justified .

The Tribunal held that , the assessee could not produce  the parties  before the Assessing Officer. The assessee volunteered The whereabouts of the investor companies were within the knowledge of  the assessee. When such entities were not to be found at the addresses furnished by  the assessee, it was incumbent upon the assessee to produce them before the Assessing Officer to prove their creditworthiness and genuineness of  the transaction. The burden is  shifted to  the assessee. Accordingly it was held that the action of  the Assessing Officer was  legal and the inference drawn by  him that the assessee had routed its  own money in the books of account through the conduit of  investor companies was justified.( AY.2010-11)