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Commissioner Of Income Tax v. Lovely Exports (p) Ltd

Commissioner Of Income Tax v. Lovely Exports (p) Ltd

(Supreme Court Of India)

.......... | 11-01-2008

1. Delay condoned.

2. Can the amount of share money be regarded as undisclosed income u/s 68 of Income Tax Act, 1961 We find no merit in this SLP 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 assessing officer, 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.

3. Subject to the above, SLP is dismissed.

Advocate List
  • None.

Bench
  • HON'BLE JUSTICE S. H. KAPADIA
  • HON'BLE JUSTICE B. SUDERSHAN REDDY
Eq Citations
  • (2010) 14 SCC 761
  • [2009] 319 ITR 5
  • LQ/SC/2008/64
Head Note

Income Tax — Undisclosed income — Share application money received by assessee company from alleged bogus shareholders — Held, department is free to proceed to reopen their individual assessments in accordance with law — Income Tax Act, 1961, S. 68.