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of <h1>Tribunal decision: Share capital addition deleted, unsecured loans addition restored for fresh review</h1> <h3>Income-tax Officer, Co. Ward-4 (1), New Delhi Versus Jagpin Breweries Ltd.</h3> The Tribunal allowed the revenue's appeal in part. It upheld the deletion of the addition on account of share capital, emphasizing that once the identity ... Cash credits Issues Involved:1. Deletion of addition made on account of share capital.2. Deletion of addition made on account of unsecured loans.Issue-wise Detailed Analysis:1. Deletion of Addition Made on Account of Share Capital:The revenue's grievance pertains to the deletion of the addition made on account of share capital received by the assessee during the assessment year 2003-04. The Assessing Officer (AO) had reopened the assessment under section 148 on the basis of a report from the Investigation Wing, alleging that the assessee received Rs. 10 lakhs from an entry operator and that the share capital and unsecured loans were unexplained credits under section 68. Consequently, the AO added the entire share capital to the income of the assessee under section 144.Upon appeal, the CIT(A) observed that the assessee had submitted all necessary documents, including share application forms, confirmations from shareholders, and evidence that the funds were received through cheques. The CIT(A) forwarded these documents to the AO for a remand report. The AO admitted that all parties who subscribed to the share capital were on the roll of the Income-tax Department, having PANs and being assessed to tax separately. The CIT(A) concluded that the identity of the share applicants was established beyond doubt and relied on the decisions of the Hon'ble Delhi High Court and Supreme Court, including CIT v. Divine Leasing & Finance Ltd., CIT v. Makhni & Tyagi (P.) Ltd., and Lovely Exports (P.) Ltd., to rule that no addition could be made if the identity of the share applicant was established.The Tribunal upheld the CIT(A)'s decision, noting that the AO's remand report confirmed the identity of the shareholders. The Tribunal emphasized that once the identity of the share applicants is established, no addition can be made in the hands of the assessee-company, as per the decisions of the Hon'ble Supreme Court in the cases of Lovely Exports (P.) Ltd. and Divine Leasing & Finance Ltd. The Tribunal also cited several other judgments, including those of the Hon'ble Delhi High Court and Karnataka High Court, which supported the CIT(A)'s decision to delete the addition on account of share capital.2. Deletion of Addition Made on Account of Unsecured Loans:The revenue also contested the deletion of the addition made on account of unsecured loans received by the assessee. The AO had alleged that the unsecured loans were unexplained credits under section 68. During the remand proceedings, the AO issued summons to the loan creditors, who responded by post. The AO's remand report confirmed the identity of the loan creditors but did not address the genuineness of the loan transactions or the creditworthiness of the loan creditors.The Tribunal noted that in the case of loan creditors, not only the identity but also the genuineness of the loan transaction and the creditworthiness of the loan creditor must be established. The Tribunal found that the CIT(A) had only addressed the identity of the loan creditors and had not made any findings regarding the genuineness or creditworthiness of the loan transactions. Consequently, the Tribunal did not uphold the CIT(A)'s decision to delete the addition of Rs. 87.29 lakhs on account of loan creditors and restored the matter to the AO for fresh consideration, with instructions to afford the assessee a reasonable opportunity to present their case.Conclusion:The appeal of the revenue was allowed in part. The Tribunal upheld the CIT(A)'s decision to delete the addition on account of share capital, citing established legal precedents that once the identity of the share applicants is proved, no addition can be made in the hands of the assessee-company. However, the Tribunal restored the addition on account of unsecured loans to the AO for fresh consideration, emphasizing the need to establish the genuineness and creditworthiness of the loan transactions.
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