Dismissing the appeal of the assessee the Court held that ,no rational person with sound mind will invest huge amount in the share subscription of a paper/shell company having no worthwhile business/project in hand at such a huge premium. The onus is on the assessee to to prove the genuineness of the transaction as well credit worthiness of the share subscribers. The failure to produce the subscribers and statement of the director that the entire investment is bogus justifies the addition.( ITA No. 438 of 2017, dt. 22.07.2019) (AY.2007 -08)
Royal Rich Development Pvt. Ltd. v. PCIT ( 2019) 184 DTR 293 /(2020) 313 CTR 478(Bom)(HC)
S. 68: Cash credits- Bogus share capital- Shell company –Huge premium- Failure to produce the subscribers and based on the statement of the Director that entire invest was bogus- Addition is held to be justified .[ S.132(4) ]