Uma Polymera Ltd. v. Dy. CIT (2022) 219 TTJ 47 / 217 DTR 353 (Mum)(Trib)

S. 153A : Assessment-Search or requisition-Loose papers-Sale of scrap-Entries were for the financial year 2014-15-Assessee offered the income for the AY. 2015-16- Assessing Officer estimated the income in all units from the assessment years 2009-10 to 2015-16-Addition was deleted-Share capital-Group companies-Sufficient source-Addition was deleted. [S. 68]

Held that merely  because certain loose papers were found from one unit of the assessee-company which showed that the assessee has received certain consideration in cash on the sale of scrap during one year, the AO was not justified  in assuming that there was a cash component in all the transactions of sale of scrap made by the assessee in all its units in all the assessment years. though nothing was found during the search in other units. Held that the assessee company having received share capital from its group companies which have sufficient source of funds, the identity as well as creditworthiness of the investors stand proved, since all the transactions relating to investments were made through regular banking channel the genuineness of the transaction cannot be disputed by relying upon the contents of allegedly seized sips of papers which were never part of the assessment records; impugned additions made by the AO under s. 68 on the basis of unsubstantiated facts are not sustainable. Relied on PCIT v. Supreme Cylinders Pvt. Ltd.  (ITA No. 465 of 2018) (AY. 2009-10 to 2015-16)