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Nishtha Vincom Pvt. Ltd. Vs. ITO, Ward-6(3), Kolkata

Case No: I.T.A. No.: 1160/KOL/2025
Court: INCOME TAX APPELLATE TRIBUNAL, KOLKATA ‘C’ BENCH, KOLKATA
Date: 10/28/2025

Parties Involved

appellantNishtha Vincom Pvt. Ltd.
respondentITO, Ward-6(3), Kolkata

Facts Summary

The assessee, Nishtha Vincom Pvt. Ltd., filed its return of income showing a total income of ₹650/-. The case was selected for scrutiny through Computer Assisted Scrutiny Selection (CASS), and notices under sections 143(2) and 142(1) of the Income Tax Act, 1961, were issued. The Assessing Officer (AO) found that the assessee had received share application money and premium amounting to ₹3,22,87,750/- by issuing 16,225 shares and treated this as unexplained cash credit under section 68 of the Act

Decision in favour of

Assessee

Legal Issues

  • 1. Whether the appeal filed by the assessee is maintainable despite non-compliance with mandatory requirements.
  • 2. Whether the Assessing Officer erred in treating share capital with premium as unexplained cash credit under section 68 of the Act.

1 more legal issue analysed in this judgement.

Precedents Relied Upon

8 precedents cited in this judgement.

Judgment Outcome

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