Winsher Vinimay (P.) Ltd. v. ITO (2025) 214 ITD 328/125 ITR 219 (Kol) (Trib.)

S. 68: Cash credits-Share capital-Share premium-Equity shares of Rs 10 each-Premium of Rs 990 per share –Summons not complied with-Failure to establish creditworthiness-Addition made by the Assessing Officer was affirmed. [S.131]

Assessee company raised its share capital by issuing 49100 equity shares of Rs. 10/-each along with a premium of Rs. 990/-per share. Assessing Officer held that the summons issued to the directors of assessee company for personal attendance remained uncomplied with.  He made an addition of Rs. 4.91 crores under section 68. CIT A) held that-subscriber companies which had subscribed to shares of assessee with substantial premium did not have the capacity or financial standing to do so. He further noted that none of these companies had reported any substantial income as per their income tax returns, hence upheld the order of the Assessing Officer. On appeal, the Tribunal held that transactions relating to the issue of shares were not genuine, nor had the creditworthiness of creditors been established. Addition was affirmed. (AY. 2012-13)

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