VidhiSangh

Supreme Court of India · 05/03/2019

PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL)-I versus NRA IRON & STEEL PVT. LTD.

[2019] 4 S.C.R. 163 · 2019 INSC 314

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Summary

The Court restored the addition of Rs 17.60 crore in share capital and premium under Section 68. Documents and banking channels did not discharge the assessee’s burden where detailed enquiries exposed non-existent investors, unexplained funding and failure to establish creditworthiness or genuine transactions.

Issues

  1. Whether the assessee established investor identity, creditworthiness and transaction genuineness for share capital and premium credited to its books.

Provisions considered

Held

Result

Revenue appeal allowed; High Court, Tribunal and appellate commissioner orders set aside. Assessing officer’s order adding Rs 17.60 crore restored; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2019] 4 S.C.R. 163.