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2008 DIGILAW 64 (SC)

COMMISSIONER OF INCOME TAX v. LOVELY EXPORTS PRIVATE LIMITED

2008-01-11

B.SUDERSHAN REDDY, S.H.KAPADIA

body2008
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