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Major Metals Ltd vs Union Of India on 27 October, 2015

- per share. The addition was made which was challenged before the Bombay High Court and the Bombay High Court confirmed the addition. The ratio of this judgment is not applicable to the facts of the appellant's case as the facts of this case and the facts of the appellant's case are entirely different. In the said case the loans were taken which were squared up by allotting shares at a premium in the subsequent year whereas in the appellant's case, no loan was taken but there is a direct investment made by White Kite Investment Ltd, Mauritius in FCCDs for which complete details are available. The A.O.'s reliance on the said decision of the Hon'ble Bombay High Court is therefore a misplaced reliance. 4.4.13 It was further submitted that the facts of the appellant's case speak for itself. The appellant, as already stated, has submitted all the relevant and necessary details of the investments of Rs.62.44 crore made by White Kite Investments Ltd. The explanation so offered by the appellant company by no stretch of imagination can be termed as unsatisfactory so as to invoke provisions of section 68 of the Act. Thus, there is no applicability of the provisions of section 68 in the appellant's case.
Supreme Court - Daily Orders Cites 0 - Cited by 48 - H L Dattu - Full Document
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