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 ]

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)