TMI Blog2019 (2) TMI 801X X X X Extracts X X X X X X X X Extracts X X X X ..... ter ID etc. CIT(A) deleted addition. We thus reverse the order of CIT(A) as same has been passed without proper verification of facts as per law. Under such circumstances we deem it fit and proper to set aside this issue back to Ld. AO for fresh adjudication to decide the issue in light of decision in case of CIT vs. NDR Promoters [2019 (1) TMI 1089 - DELHI HIGH COURT]. AO shall conduct fresh enquiries on basis of documents filed by assessee, and also shall take up any independent enquiries as it deem fit and proper as per law. Assessee shall file all requisite details as called for or any other details as needed to prove its claim. - Appeal by Revenue is allowed for statistical purposes. - ITA No. 25/Del/2014 - - - Dated:- 12-2-2019 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er section 271(1)(b) of the Act for non-compliance has been issued. He further records that, representative attended later on, and submitted audited balance sheet and profit and loss account of assessee, without there being power of attorney from assessee. Ld. AO observed from balance sheet filed that assessee received share application money of ₹ 3,52,50,000/-during year, which was forwarded to sister concern by name M/s. Anjani Steels Ltd., as share application money. In view of these facts assessee was called upon to file documentary evidences of share application money received. As none appeared, Ld.AO requisitioned from Punjab National Bank, Civil Lines, Allahabad Bank statement of assessee which showed several cash deposits of & ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arious notices, called upon to establish their identities, creditworthiness and most importantly genuineness of transaction. It is submitted by her, before Ld.CIT(A) assessee filed details like ration card, voter ID card, licenses etc. which was accepted by Ld.CIT (A) without making proper verification. She thus submitted that addition deserves to be confirmed, as requirement of section 68 of the Act has not been complied with by assessee. 7. We have perused submissions advanced by Ld. Sr.DR in light of records placed before us. 8. We are in agreement with contentions of Ld.Sr.DR. Under Section 68 onus is upon assessee to prove three ingredients, i.e., identity and creditworthiness of credit entries. As to how onus can be discharged w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n order to discharge its onus in respect of alleged share applicants. 10. Before Ld.CIT(A) assessee filed additional evidence in form of share application forms and identity of shareholders like ration card, voter ID card and license etc which were accepted by Ld.CIT (A) and adjudicated in interest of substantial Justice. It is also observed that he has forwarded same to Ld.AO for remand with a direction to make necessary enquiries regarding genuineness of shareholders vide various letters. Ld.CIT(A) records that Assessing Officer did not make any enquiry with any shareholders, and there is no finding of Ld.AO that shareholders were bogus, or there is any doubt regarding genuineness of shareholders. 11. It has been observed by Ld.CIT ..... X X X X Extracts X X X X X X X X Extracts X X X X
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