ASST. COMMISSIONER OF INCOME TAX, CIRCLE-4(1), HYDERABAD vs. NARAHARI GANTA, HYDERABAD
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal found no merit in the Revenue's appeal. It noted that the CIT(A) had correctly considered the evidence provided by the assessee, including banking channel entries and confirmations, for the credits in question.
What were the facts?
The Assessing Officer made an addition of Rs. 2,10,25,500 as unexplained cash credit under Section 68. The CIT(A) restricted this addition to Rs. 20.75 lakhs. The Revenue appealed against this restriction.
What were the issues?
Whether the CIT(A) erred in restricting the addition made by the AO under Section 68 for unexplained cash credits, when the assessee had provided sufficient evidence.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, HYDERABAD ‘B’ BENCH, HYDERABAD.
BEFORE SHRI S.S. GODARA, JUDICIAL MEMBER AND SHRI L. P. SAHU, ACCOUNTANT MEMBER (Through Virtual Hearing) (Assessment Year : 2014-15) Asst. Commissioner of Income Tax, Circle 4(1), Hyderabad. …..Appellant. Vs. Shri Narahari Ganta, Hyderabad. PAN AMAPG 1122D …..Respondent. Appellant By : Shri Rohit Majumdar (D.R.) Respondent By : None. Date of Hearing : 30.09.2021. Date of Pronouncement : 07.10.2021. O R D E R Per Shri S.S. Godara, J.M. : This assessee’s appeal for Asst. Year 2014-15 arises from the Commissioner of Income Tax (Appeals)-1, Hyderabad’s order dt.28.03.2018 passed in case No.0282/CIT(A)-1/Hyd/2016-17/2017-18 in proceedings under Section 144 of Income Tax Act, 1961 (‘the Act’).
Case called twice, none appeared at the assessee's behest. We accordingly proceed exparte.
Coming to the Revenue’s sole substantive grievance that the learned CIT(A) has erred in law and on facts in restricting the Assessing Officer’s action making section 68 unexplained cash credit in capital of Rs.2,10,25,500 to the extent of Rs.20.75 lakhs, we note that lower appellate discussion to this effect read as under :
We have given our thoughtful consideration to the Revenue’s foregoing arguments and find no merit therein. This is for the reason that it has not come on record that Sri T. Ramana Rao had in fact brought in plant and machinery for the assessee forming suspect matter addition amounting to Rs.1,30,25,500 which is not only covered of section 68 addition but also there can hardly be any dispute that the corresponding fixed assets have been held eligible for the corresponding depreciation claim. We thus conclude that the Revenue’s instant mutually contradictory approach does not deserve to be accepted.
The factual position found is no different regarding the remaining parties i.e. Sri Thata Naga Raju, Sri P. Srinivas Rao, Sri T. Ramana Rao, Sri Joaquim Dsouza and Sri Kamisetty Subramanyam who had duly proved the corresponding sum having come through banking channel and duly along with their respective confirmations, income tax returns, computation and annual account; as the case may be. We thus decline the Revenue’s arguments alleging violation of Rule 46A of the Income Tax Rules, 1963 as well; as the case file nowhere indicates such an admission of additional evidence. No other ground has been pressed before us. 4. This Revenue’s appeal is dismissed in above terms.
Order pronounced in the open court on 7th Oct., 2021. Sd/- Sd/- (L.P. SAHU) (S.S. GODARA) Accountant Member Judicial Member Hyderabad, Dt.07.10.2021. * Reddy gp Copy to :
1. 1. Shri Narahari Ganta, F.No.115, Paras Chambers, Himayath Nagar, Hyderabad-500 029 2. ACIT,Circle 4(1), Hyderabad.
More judgments on Section 68
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
- Bliss Dealtrade Private Limited, Kolkata vs Income Tax Officer - Ward 9(2) Kolkata…ITA 208/KOL/2026[2012-13]Status: Disposed21 Oct 2026AY 2012-13
- Hemal Paresh Madeka, Rajkot vs Asst.Commissioner of Income Tax…ITA 955/RJT/2026[2020-21]Status: Disposed19 Oct 2026AY 2020-21
- Ajaybhai Dineshbhai Bagdai, Near Central… vs The Income Tax Officer, Ward-1(2)(1), New…ITA 74/RJT/2026[2013-14]Status: Disposed19 Oct 2026AY 2013-14
Recent GST High Court judgments
Search GST case law →- M/S Utkal Suppliers,Ganjam vs. Assistant Commissioner Of CT And GST, Ganjam-I Circle,GanjamOrissa · 28 Oct 2026
- M/S Kotdwar Steel Limited vs. Office Of Hte Deputy CommissionerUttarakhand · 28 Oct 2026
- M/S Kotdwar Steel Limited vs. Office Of The Deputy CommissionerUttarakhand · 28 Oct 2026
- M/S Kotdwar Steel Limited vs. Office Of The Deputy CommissionerUttarakhand · 28 Oct 2026
- M/S Govindjee Dairy Milk Private Limited vs. Central Goods And Services TaxRajasthan · 27 Oct 2026