Tulshi Dealtrade P. Ltd. v. ITO (2024)112 ITR 68 (SN)(Kol)(Trib)

S. 147 : Reassessment-Accommodation entries-Share application money and share premium-Re assessment is held to be invalid.[S.68, 148 (2)]

Held that the Assessing Officer mentioned that the assessee is a beneficiary of accommodation entries by way of share premium and share capital which had escaped assessment. It was clear that the reasons were recorded not on the basis of objective satisfaction of the Assessing Officer based upon information received but merely because the share application money and share premium received by the assessee is  not verified and remained unexplained. The reasons recorded had to be read as recorded and there could be no modification or elaboration or substitution thereof.  Order of CIT(A) affirming the reassessment is set aside. (AY.2012-13)

Leave a Reply

Your email address will not be published. Required fields are marked *

*