COMMISSIONER OF INCOME TAX vs LOVELY EXPORTS PRIVATE LIMITED

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2008 Supreme(SC) 48

S.H.KAPADIA, B.SUDERSHAN REDDY
COMMISSIONER OF INCOME TAX – Appellant
Versus
LOVELY EXPORTS PRIVATE LIMITED – Respondent

Advocates appeared:
V. Shekhar, Senior Advocate (Chinmoy Pradip Sharma and B. V. Balaram Das, Advocates) for the Petitioner.

ORDER

1. Delay condoned. Can the amount of share• application money be regarded as undisclosed income under Section 68 of the Income Tax Act, 1961? We find no merit in this special leave petition for the simple reason that if the share application money is received by the assessee Company from alleged bogus shareholders, whose names are given to the AO, then the Department is free to proceed to reopen their individual assessments in accordance with law. Hence, we find no infirmity with the impugned judgment.

2. Subject to the above, the special leave petition is dismissed.

Court Masters

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