Toplink Commerce Ltd v. ITO (2025) 131 ITR 503(Kol) (Trib)

S. 68: Cash credits-Share capital and premium-Newly incorporated company, no business model-500-fold premium charged only on second lot issued 27 days after first lot at nil premium-Investors unverifiable, no source of funds, director not produced-Source of funds not established-Identity, creditworthiness and genuineness not substantiated-Addition as unexplained cash credit justified.

Assessee, a newly incorporated company with no business history, raised share capital at nearly 500 times face value premium in a second lot issued just 27 days after an earlier lot at nil premium, and the AO added the amount under section 68 as the director failed to appear or verify the investors, a view confirmed by the CIT(A). On appeal, the Tribunal upheld the addition, holding that the investors themselves lacked any independent source of income, no valuation justified the premium, and with the director never produced, the identity, creditworthiness and genuineness of the transactions remained unsubstantiated, rendering the arrangement a camouflage. (AY. 2012-13)

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