Allowing the appeal of the assessee the Tribunal held that ; If (a) the assessee has furnished the Name, Address, PAN no and Share Application Form to prove that the shares were allotted to the applicants and (b) the bank statement show that money was received through banking channels and there were no immediate withdrawals to suggest that the share application amounts have been returned back to these parties in cash, it means the assessee has discharged the primary onus cast upon it to prove the identity, capacity and genuineness of transactions. Additions can not be made as cash credits. ( ITA No. 3212/Mum/2014, dt. 12.10.2018)(AY. 2008-09)
Sunshine Metal & Alloys v. ITO (Mum)(Trib),www.itatonline.org
S. 68: Cash credits- Bogus share capital-If (a) the assessee has furnished the Name, Address, PAN no and Share Application Form to prove that the shares were allotted to the applicants and (b) the bank statement show that money was received through banking channels and there were no immediate withdrawals to suggest that the share application amounts have been returned back to these parties in cash, it means the assessee has discharged the primary onus cast upon it to prove the identity, capacity and genuineness of transactions- Additions can not be made as cash credits.