Matarani Vintrade Pvt. Ltd. v. ITO (2020) 84 ITR 432 (Kol.)(Trib.)

S. 68 : Cash credits-Share capital-Identity, creditworthiness and genuineness established-Addition deleted-Enhancement by CIT (A) was quashed. [S. 131, 251(2)]

Allowing the appeal of the assessee the Tribunal held that, all share have filed the replies to notices issued by the Assessing Officer with confirmations and documents to substantiate their identity and creditworthiness and genuineness of  share transaction. Amounts Transferred through banking channels and no cash deposits in accounts of  investor companies. Assessing Officer satisfied with explanation given by  assessee and accepting share capital raised by  assessee as genuine. Order of CIT (A) enhancing the assessment and making addition as  nongenuine is  held to be based on suspicion and held to be not sustainable.  (AY. 2012-13)