In
Baba Healthcare Private Limited v. Assistant Commissioner of Income Tax,
Circle-1, Faridabad, the Delhi Bench of the Income Tax Appellate Tribunal
examined the validity of an addition of ₹61 lakh made under Section 68 of the
Income-tax Act, 1961 on account of share capital and share premium received
during Assessment Year 2016–17.
The
Assessing Officer observed that the assessee had received share capital and
share premium from five investor companies. While a valuation report obtained
in accordance with Rule 11UA supported the issue price, the Assessing Officer
doubted the creditworthiness and source of funds in respect of investments made
by two entities, namely Mass Securities Pvt. Ltd. and Deepit Real Estate Pvt.
Ltd., which had reported losses in their income-tax returns. The addition was
made on the basis that the immediate credits appearing in the investors’ bank
accounts prior to issuing cheques raised suspicion regarding the genuineness of
the source of funds. The NFAC upheld the addition.
Before
the Tribunal, the assessee demonstrated that it had furnished all primary
evidences required under Section 68, including income-tax returns, audited
financial statements, bank statements, confirmations, and share certificates of
the investor companies. It was further contended that the investor companies
had recovered loans advanced in earlier years, which constituted the source of
funds for the investments made in the assessee company.
The
Tribunal observed that while the assessee had prima facie discharged the
initial onus under Section 68, the explanation regarding the source of source
required factual verification. In the interest of justice, the ITAT set aside
the orders of the lower authorities and restored the issue to the file of the
Assessing Officer for de novo adjudication, with liberty to the assessee to
furnish additional evidence and with a direction to pass a speaking order after
proper examination.
Accordingly, the appeal of the assessee was allowed for statistical purposes.
Source Link- https://itat.gov.in/public/files/upload/1767786090-AasKrB-1-TO.pdf
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