Book entry

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This Query relates to  book entries done in a Private limited company's books-

A company ABC purchases  investment of Rs 1 crore from a person XYZ and issues him its shares of Rs 1 crore for the consideration.

Now the result is that investments are increased by Rs 1 crore and share capital is also increased by Rs 1 crore ... These are all the book entries and these were done just to increase the share capital..

the company accepts in front of the AO that these were book entries .

Now Can AO make any additions in this and impose penalty?

Replies (5)

Hi Abhinav,

Since their is no actual transfer of funds, A.O. cannot add back the same to the income of the company.

Also, the same has been accepted by the Co. that the transaction is a mere book entry....just to adjust the accounts.

 

Regards.

But Prateek , isnt Sec 68 applicable here..

Cant he say this is a bogus investment??

 

Firstly, it is a bogus investment. 

But, the nature of the transaction is that of a Loan Transaction. There doesnt arise any profit or income to the assessee company.

 

Also, i guess, person XYZ is a closely related person, so getting hold of a confirmation of account wouldnt be a huddle.

 

So i think the A.O. will not consider the same for any addition

If the AO knows this that the investments are bogus then isnt AO has the right to do anything?

Yeah AO has every right to add it back.

Its upto the CA to dodge it in the assessee's favour.

 

Plus, The Ao always looks for Suppression of income  or short payment of tax, which is not the case here.

 

Regards.


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