Vision Mines and Minerals Pvt. Ltd. v. ITO (2022) 96 ITR 51(SN) (Raipur) (Trib)

S. 68 : Cash credits-Share application money-Amount credited in Bank account and credit shown in books of account in earlier year-Shares allotted in following year-Addition cannot be made in year in which shares were allotted.

Tribunal held that an addition under section 68 of the Act cannot be divorced from the year in which it is credited in the books of account of the assessee. Where the assessee had received share application money in the earlier year and, only shares were allotted to the applicant during the year under consideration, the provisions of section 68 of the Act could not be invoked to make an addition in the hands of the assessee during the subsequent year, i.e., the year in which shares were allotted. Therefore, there was no justification for the Assessing Officer to have made an addition thereof as an unexplained cash credit under section 68 of the Act during the year under consideration, i.e., AY 2012-13. Followed CIT v. Usha Stud Agricultural Farms Ltd. (2008) 301 ITR 384 (Delhi) (HC). (AY.  2012-13)