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2023 Supreme(P&H) 3334

RITU BAHRI, MANISHA BATRA
Commissioner of Income Tax, Rohtak – Appellant
Versus
Crystal Phosphates Ltd. – Respondent


Advocates Appeared:
Ms. Pridhi Jaswinder Sandhu, Senior Standing Counsel; For the Appellant
Mr. Pankaj Jain, Senior Advocate, with Mr. Sachin Bhardwaj, Advocate, for the respondent(s).

JUDGMENT

Ms. Ritu Bahri, J. (Oral)

This judgment shall dispose of ITA No.140 and 141 of 2013 together as common questions of law and facts are involved in both the appeals. For reference, facts are being taken from ITA No.140 of 2013.

2. Appellant-revenue has come up in appeal against the order dated 02.11.2012 passed by the Income Tax Appellate Tribunal, Delhi Bench 'B', New Delhi in ITA No.3630/Del/2009 dated 02.11.2012, for the assessment year 2006-07.

3. Brief facts of the case are that the respondent-assessee filed the return of income on 28.11.2006 declaring income at Rs. 3,97,17,920/-. The case was selected for scrutiny. Assessment under section 144 of the INCOME TAX ACT was completed on 24.12.2008 by making the following additions:-

    "(1) During the assessment proceedings, the identity and creditworthiness of the parties subscribed share capital remained unproved and the genuineness of the transaction was also unproved, therefore, the capital of Rs. 55,00,000/- was treated as income from undisclosed sources of the assessee's company.

    (2) No information/details in respect of the share application money amounting to Rs. 51,50,000/- received by the company was furnished. Hence,

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