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2008 Supreme(SC) 48

(2010) 14 SCC 761
S.H. KAPADIA AND B. SUDERSHAN REDDY, JJ.
COMMISSIONER OF INCOME TAX - Petitioner
Versus
LOVELY EXPORTS PRIVATE LIMITED - Respondent.
SLP (C) No. ... of 2007 (CC No. 11993 of 2007
Decided On : January 11,2008

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

Headnote:Income Tax Act, 1961 – Section 68 – Share application money received by assessee Company from alleged bogus shareholders – Names of such share holders given to AO –Department free to reopen their individual assessments in accordance with law – SLP dismissed. (Para 1, 2)

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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