AO held that the assessee had taken accommodation entry from alleged a penny stock Company UNNO Industries Ltd. hence added the loan as cash credits which was affirmed by the CIT (A). On appeal the Appellate Tribunal held that in case of a listed company, a specific finding as to whether a particular company is a bogus or sham company from whom accommodation entry is allegedly taken, has to be recorded by appropriate regulatory authority ie. SEBI . Tribunal also directed the AO to pass a speaking order in accordance with law after giving the assessee a reasonable opportunity of being heard. The Revenue shall ascertain and bring on record any order/warning or penalty visited upon M/s. Golden Legend Finance & Leasing Ltd. by SEBI/Regulatory Authority and decide the issue with reference to the status of the said company as held by the Appropriate Regulatory Authority qua its activities at the relevant point of time. In instant case, there was no reference whatsoever the impugned addition was set aside and matter remanded. ( AY. 2014 -15 , 2015 -16)
Rajbir Kaur (Smt.) . v. ITO (2020) 181 ITD 67 (Chd) (Trib.)
S. 68 : Cash credits –Loan form penny stock company– Matter remanded to the AO for verification whether SEBI has taken any action against alleged Company which has given loan to the assessee. [ S.115BBE ]