ITO v. Spartacus Farms (P) Ltd. (2018) 166 DTR 49 / 193 TTJ 409 ( Mum.)(Trib.)

S. 68 : Cash credits–Share application–Non–resident–Having meagre income–Credit worthiness not proved–Addition is held to be justified.

Allowing the appeal of the revenue the Tribunal held that, the  assessee has  not furnished the bank statement of the person who has invested in shares. Reluctance on the part of the assessee and the said person to give proper evidence of the creditworthiness and also the failure to submit the copy of the bank statement clearly proves that the assessee has not discharged the onus of proving the creditworthiness. It is clear that the said Ms. Rashna Fali Press has not given proper details to justify the creditworthiness to grant the said advance of Rs.6.64 crores. On facts the  assessee has not discharged onus of proving creditworthiness and NRI had not given proper details to justify creditworthiness to grant advance on Share application money then addition made u/s 68 towards share application money should be sustained. (AY. 2010-11)