2010 (10) TMI 1188 - AT - Income Tax

Tribunal affirms deletion of undisclosed income addition, citing compliance with Supreme Court ruling

DCIT, Circle-3, Kolkata Versus M/s. Nikita Metals Pvt. Ltd.

The Tribunal upheld the CIT(A)'s decision to delete the addition of Rs. 36,75,000 as undisclosed income related to share application money, citing ... - Issues involved: Appeal by Revenue against deletion of addition of share application money u/s 68 of the I.T. Act.Summary:The Revenue appealed against the deletion of addition of Rs. 36,75,000 as undisclosed income by the AO, related to share application money received by the assessee company during the assessment year 2004-05. The AO treated the entire share capital money as undisclosed income due to failure of the assessee to establish the identity, genuineness, and creditworthiness of the share holders.The CIT(A) deleted the addition after considering submissions and evidence provided by the assessee. The CIT(A) held that the assessee had produced primary evidence regarding the identities of share applicants, sources of funds, and genuineness of transactions. The CIT(A) relied on the precedent set by the Supreme Court in the case of Lovely Exports Private Ltd.During the hearing, the Revenue's representative relied on the AO's orders, while the assessee's counsel presented various documents supporting the share application transactions. The counsel referenced the Supreme Court's decision in the case of CIT-Vs-Lovely Exports (P) Ltd. to justify the CIT(A)'s decision.The Tribunal, after reviewing the submissions and documents, noted that most share applicants were private limited companies, and the necessary documents were filed with the Registrar of Companies. The Tribunal agreed with the CIT(A)'s decision to delete the addition, citing compliance with the Supreme Court's ruling in the Lovely Exports case.Based on the CIT(A)'s findings and alignment with the Supreme Court's decision, the Tribunal upheld the CIT(A)'s order and dismissed the Revenue's appeal.