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Navnita Dealcom Pvt. Ltd. vs. ITO, Ward-6(3), Kolkata

Case No: I.T.A. No. 1369/Kol/2024
Court: Income Tax Appellate Tribunal, Kolkata
Date: 9 Oct 2024

Parties Involved

appellantNavnita Dealcom Pvt. Ltd.
respondentITO, Ward-6(3), Kolkata

Facts Summary

The assessee, Navnita Dealcom Pvt. Ltd., filed a return of income for the Assessment Year 2012-13, declaring a total income of Rs. 62,986/-. The case was selected for scrutiny under CASS, and statutory notices were issued. The Assessing Officer (AO) noted that the assessee had received Rs. 1,21,50,000/- by issuing equity shares at a premium. The assessee furnished details of share subscribers and complied with summons issued under Section 131 of the Act. However, the managing director of the subscribing company did not appear before the AO. Consequently, the AO treated the amount as unexplained cash credit and added it to the assessee's income under Section 68 of the Act. The Commissioner of Income Tax (Appeals) confirmed the AO's order, leading to the appeal by the assessee.…

Decision in favour of

Partly Assessee / Partly Revenue

Legal Issues

  • 1. Confirmation of addition of Rs. 1,21,50,000/- by the AO on account of unexplained cash credit in respect of share capital / share premium u/s 68 of the Act.

Judgment Outcome

Decided in favour of Partly Assessee / Partly Revenue.

Precedents Relied Upon

11 precedents cited in this judgement.

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