IN THE HIGH COURT OF DELHI AT NEW DELHI 
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   ITA 213/2013  
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 NEW ERA INFRASTRUCTURE P. LTD.  ..... Appellant 
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 Through Mr Satyen Sethi and Mr Arta Trana Panda, Advs. 
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 versus 
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 COMMISSIONER OF INCOME TAX, DELHI-V and ANR. 
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 ..... Respondents 
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 Through 
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 CORAM: 
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 HON'BLE MR. JUSTICE BADAR DURREZ AHMED 
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 HON'BLE MR. JUSTICE R.V.EASWAR 
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 O R D E R 
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    10.04.2013 
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 This appeal has been filed by the assessee being aggrieved by the 
 order dated 12.10.2012 in ITA No.2081/Del/2010 pertaining to the 
 assessment year 2006-07. 
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 2. The assessing officer had made an addition of `15 lakhs under 
 Section 68 of the Income Tax Act, 1961 at the hands of the assessee.  The 
 assessee had shown this amount of `15 lakhs as share application money 
 received from two entities ? Ganga Infin Pvt. Ltd. (`7 lakhs) and Kuber 
 Company Sales Pvt. Ltd. (`8 lakhs).  The assessee?s appeal was allowed by 
 the Commissioner of Income Tax (Appeals) and the said addition of `15 
 lakhs was deleted.  The revenue preferred an appeal before the Tribunal 
 which has allowed the revenue?s appeal and has restored the addition made 
 by the assessing officer. 
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 The main point that has been accepted by the Tribunal is that 
 assessee had not been able to discharge the burden of proving the 
 identity, genuineness as also credit worthiness of the said parties.  The 
 Tribunal also noted that two sets of affidavits had been filed by so- 
 called Directors of the said entities.  In the first set the said amounts 
 were shown as unsecured loans whereas in the second set the same were 
 shown as share application money.  This in itself shows that the position 
 was far from being clear and the burden which was cast upon the assessee 
 had not been discharged by it.  The Tribunal has found, on facts, that 
 the said addition was sustainable.  We see no reason to interfere as no 
 substantial question of law arises for our consideration. 
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 The appeal is dismissed. 
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 BADAR DURREZ AHMED, J 
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 R.V.EASWAR, J 
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 APRIL 10, 2013 
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 vld 
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 $ 18 and 19 
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