Held that AO has accepted the share capital received by the assessee from its holding company as genuine after considering all the relevant documents with supporting evidences adduced by the assessee company including the confirmation and other details filed by the holding company before the AO, hence it cannot be said that the order of the AO is erroneous or prejudicial to the interest of the Revenue. The very issue which is the subject-matter of the impugned revision has been already considered in the hands of the holding company, by the CIT(A), hence the revision order was quashed Additional evidences filed by the Revenue which mainly includes the CBI charge sheets statements recorded before CBI under S. 161 and 164 CrPC before the Magistrate correspondences between the investor companies and the State Government documents procured from various State Government Authorities, statements recorded by the AO during the penalty proceedings. documents containing allotment of land, etc are not relevant for deciding the issues arising in the appeal addition of share premium under S. 56 and share capital and share premium under S. 68 because the entire details relating to the facts are available in the orders of the lower authorities i. e the assessment order and the order of the CIT(A) and hence the additional evidences are not admitted. (AY.2008-09)
Jagati Publications Ltd. v. ACIT (2022) 215 TTJ 818 / 210 DTR 137 (Hyd)(Trib) Editorial : Special Bench constituted was quashed Jagati Publications Ltd. v. President ITAT (2015) 377 ITR 31 / 279 CTR 271 / 124 DTR 131 (Bom)(HC). SLP of Revenue is pending and No stay of proceedings. (Diary No. 42483 / 2015 filed on 18th December, 2015. Case No SLP (c) No. 005296 /2016 Registered on 19th Feb, 2016, SLP (C) No. 001974 /2016, Registered on 29th Jan. 2016.
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Share capital-Cash credits-Evidences in the form of confirmation letters were produced in the original assessment proceedings-Additional evidence by Revenue-Charge sheet in criminal proceedings-Not relevant to issue-Additional evidence is not admitted-Revision order was quashed. [S. 2(24), 28(iv), 56(2)(vii)(b), 68, 254(1), ITAT R. 29, CrPC, S. 161, 164]