2015 (12) TMI 1526 - ITAT JAIPUR

Addition on unexplained share capital - discharge of onus laid down under section 68 - Held that:- During the course of search, no incriminating documents were found. Therefore, no notice can be issued U/s 153A read with Section 143(3) of the Act because no proceeding was pending before the Assessing Officer, which has abated for issue of notice on the date of initiation of search. Thus, on technical ground, the assessee’s appeal succeeds and order passed U/s 153A read with Section 143(3) of the Act is held void ab initio.

On facts also, the assessee has produced before the Assessing Officer copy of share application, confirmation of the cash creditors, copy of PAN, copy of Board resolution, copy of Director’s report, auditor’s report, copy of balance sheet, copy of P&L account, copy of bank account in all the cases to prove the identity, genuineness and creditworthiness of the cash creditors. The ld Assessing Officer made addition on the basis of investigation conducted by the ITO, Investigation Wing, Kolkata but the ld Assessing Officer of the assessee has not clarified what inquiry had been conducted and what evidences collected which goes against the assessee. The notice U/s 131 issued by the ITO, Investigation Wing, Kolkata were served in case of Vidya Agencies Pvt. Ltd. and Shivarpan Mercantiles Pvt. Ltd., but compliance could not be made on the given date because concerned officer was on leave. In case of Middleton Goods Pvt. Ltd. and Lactrodryer Marketing Pvt. Ltd., notices were served on the assessee and in compliance to the notice, the party submitted all the documents in the IT office - Decided in favour of assessee