Allowing the appeal of the revenue the Tribunal held that, merely presenting of documents & making payment through bank or appearance by director before the AO & admitting fact of share application made is in itself not sufficient to justify the genuineness of the transaction. It is against human probability that anyone will invest and pay share premium in a company without net worth or future prospectus. All applicants with common address are being controlled remotely by one person. These applicants are all paper companies not having sufficient worth and created for providing entries of share application money or share capital or loans by way of accommodation entries. Creditworthiness is not established. Addition is held to be justified. (Followed PCIT v. NDR Promoters Pvt Ltd (2019) 410 ITR 379 (Delhi)(HC) & PCIT v. NRA Iron & Steel Pvt Ltd ) 2019) 103 Taxmann.com 48 (SC) followed). (ITA No.4778/Del/2013, dt. 08.03.2019)(AY. 2006-07)
ITO v. Synergy Finlease Pvt. Ltd.( 2019) 177 ITD 160/ 178 DTR 145/ 199 TTJ 793 (Delhi)(Trib.), www.itatonline.org
S. 68 : Cash credits-Bogus Share Capital-Merely presenting of documents & making payment through bank or appearance by director before the AO & admitting fact of share application made is in itself not sufficient to justify the genuineness of the transaction-It is against human probability that anyone will invest and pay share premium in a company without net worth or future prospectus-All applicants with common address are being controlled remotely by one person. These applicants are all paper companies not having sufficient worth and created for providing entries of share application money or share capital or loans by way of accommodation entries-Credit worthiness is not established-Addition is held to be justified.