Section in contradiction plz help

Tax queries 391 views 2 replies

Sec 68 of income tax act says tht if there exist any unexpalined cash credit then in that case it will be added in to the income of the assesee...if the assessee is not able to proove the source from where the money has been received it will be included in the income of the assesee...but I have gone thru a case LOVELY EXPORTS (supreme court) held that if AO finds that the the share application money received by assessee company is from alleged bogus shareholders then he can open the individual cases of them but that share application money can not be added to the income of the assessee company....!! I have a problem even if the cases of the individuals are open how it can be possible becoz the shareholders are bogus..may be not in existence...plz plz suggest...its urgent...??? In my opinion it would be included in the income of the assessee company...!!

Replies (2)

both the term is different.

cash credit u/s 68 is different from your mentioned case.

in the case of company it is a capital while cash credit is not a capital. cash credit is used in performing activity of business while capital is fixed for some years.....

Originally posted by : hardik bunha

both the term is different.

cash credit u/s 68 is different from your mentioned case.

in the case of company it is a capital while cash credit is not a capital. cash credit is used in performing activity of business while capital is fixed for some years.....

the provisions of undisclosed incomes and cash credit  are applicable to companies also...It is no where written that sec 68 and 69 do not cover companies....query still unsolved...plz refer the supreme court case...!!

 


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