AO on basis of documents seized during search conducted at premises of another company issued notice to provide details of share capital and share preimum obtained by assessee in financial years 2009-10 to 2011-12 and also requested to produce controlling persons of share applicant companies along with supportive documentary evidence for examination. Assessee filed certain parties’ details, failed to produce controlling persons. AO conducted field enquiries in respect of share applicant companies revealed that such companies never existed in given addresses. The AO held that these companies were nothing but paper companies created to conduit companies to facilitate these type of transactions accordingly made addition u/s 68 of the Act . CIT (A) confirmed the addition . On appeal the Appellate Tribunal held that on facts the AO rightly inferred that assessee had rooted its own money through bogus companies; thus, addition was affirmed . (AY. 2010 -11, 2012 -13)
Par Excellence Leasing and Financial Services (P.) Ltd. v. ACIT (2020) 181 ITD 437/ 195 DTR 129/ 207 TTJ 1133 (Delhi) (Trib.)
S. 68 : Cash credits -Share capital – Companies never existed in given addresses- Fictitious and bogus companies- Addition is held to be justified . [ S. 153A , 153C ]