Tag: share application money
Issue decided on merits by ITAT cannot again be subject matter of reopening of assessment under section 147 In a recent judgment, ITAT Delhi has held that once the issue has been decided on merits by the Tribunal, being the highest fact finding authority and a categorical finding …
Revision order u/s 263 upheld as substantial amount of cash was deposited in the bank accounts of all the investors shortly prior to issuance of cheques for share application money In a recent judgment, ITAT has upheld the revision order u/s 263 passed by the PCIT as substantial …
Share application money received vastly in excess of the authorized capital was valid reasons to issue reassessment notice u/s 148 – High Court ABCAUS Case Law Citation: ABCAUS 2849 (2019) (03) HC Important Case Laws Cited/relied upon by the parties Sheo Nath Singh vs. ACIT, 82 ITR 148 …
Interest earned on share application money kept in fixed deposit was liable to be set off against the public issue expenses-Supreme Court The question for consideration was whether in the facts and circumstances of the case, interest accrued on account of deposit of share application money was taxable …
Addition u/s 68 for not producing shareholders details deleted as in public issue company not expected to know every detail of subscribers-High Court ABCAUS Case Law Citation: ABCAUS 2198 (2018) (02) HC Important Case Laws Cited/relied upon by the parties: Divine Leasing & Finance Ltd. (2007) 207 CTR …
Share application money circular transaction addition u/s 68 deleted where loan creditors had subscribed out of the loans repaid by the company-ITAT upholds findings of CIT(A) as identity, genuineness of transaction and creditworthiness of subscribers were not doubted Prelude: Section 68 of the Income Tax Act, 1961 (Act) contains provisions …
Book entry transfer of share application money to capital reserve account could not be regarded as benefit or perquisite arising in course of business u/s.28(iv) – ITAT Book entry transfer of share application money to capital reserve ABCAUS Case Law Citation: ABCAUS 2047 (2017) (08) ITAT The …
Addition for share application money not warranted if AO not disputed correctness of evidences furnished or not made any adverse comments – ITAT ABCAUS Case Law Citation: ABCAUS 1191 (2017) (03) ITAT The Grievance: The appellant assessee company was aggrieved by the order passed by the CIT(A) inter …
Penalty-271(1)(c) – share application money received from different companies with common addresses The Explanation 1 to section 271(1)(c) raises rebuttable presumption and once the assessee has furnished all the evidences in support of its explanation and has substantiated his claim then the onus cost upon him is discharged and …