Woodcraft Export Co. P. Ltd. v. ITO (2019) 70 ITR 436 (Delhi)(Trib.)

S. 68 : Cash credits-Share Application money-Assessee incorporated in preceding assessment year and receiving share application money in instant assessment year-No unaccounted money can be invested by assesse-investors examined on oath not subjected to cross-examination by assesse-Addition is held to be not justified-Creditor denying the outstanding balance–Addition is held to be justified.

The assessee was incorporated on December 14, 2011 in the financial year 2011-12. Since the assessee was at the stage of formation in preceding assessment year, i.e., 2012-13 and had received share application money in the assessment year in question, there could not be any unaccounted money invested by it. The assessee had produced sufficient documentary evidence before the Assessing Officer to prove that the large number of investors in the assessee were mostly related to the directors of the assessee and in sums less than Rs. 50,000, except in three cases. However, all the investors who had been examined on oath were not subjected to cross-examination on behalf of the assessee, and so no evidence could be brought on record to treat such income as undisclosed. Therefore, there was no justification for the authorities to sustain the addition.CIT v. Bharat Engineering and  Construction co. (1972)  83 ITR 187 (SC) CIT v.  Lal Mohar   (  2018 ) 409 ITR  95 ( All) (HC)  followed. Creditor denying the outstanding  amount in response  to notice issue du/s 133(6) of the Act. Addition is held to be justified. ( ITA Nos. 3802/Del./2017 AY.2013-14)