SINGHAL COTTON TEXTILES PRIVATE LIMITED,NOIDA vs. WARD 5(2)(4), NOIDA, NOIDA
What did the Tribunal hold?
The Tribunal held that opening balances could not be the subject matter of addition under Section 68 as unexplained cash credits. Therefore, the additions made by the lower authorities were deleted.
What were the facts?
The assessee challenged the lower authorities' decision to treat liabilities involving three entities as bogus. The assessee argued that the additions made by the authorities were based on opening balances rather than sums credited during the financial year.
What were the issues?
Whether opening balances can be treated as unexplained cash credits under Section 68 of the Income Tax Act, 1961.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH: “SMC” NEW DELHI
Before: SHRI SATBEER SINGH GODARA
This assessee’s appeal for assessment year 2010-11, arises against the Commissioner of Income Tax (Appeals)/ADDL/JCIT(A)-6, Kolkata [in short, the “CIT(A)”], Delhi’s DIN and order no.
ITA No. 7463/Del/2026
ITBA/APL/S/250/2026-27/1089243450(1), dated 27.05.2026 involving proceedings under section 143(3) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).
Heard both the parties. Case file perused.
It emerges at the outset, during the course of hearing, that the assesse/appellant canvasses its sole substantive ground challenging both the lower authorities respective assessment and lower appellate findings treating its corresponding liabilities involving three entities wherein i.e M/s. Bombay dyeing & Mfg. Co. Ltd., Delhi Reliance industries limited, Ludhiana and M/s. Tirupati Cotton Corporation involving varying sums, as bogus ones, arising for the tribunal’s adjudication.
That being the case, learned counsel refers to the assesse’s paper book at pages 4, 30 and 72, making it explicitly clear that both the lower authorities added the opening balances than the corresponding sums credited during the relevant financial year. This factual position has gone unrebutted from the Revenue side. I therefore hold that both the learned lower authorities impugned action goes against CIT vs. Usha Stud Agricultural Farms Ltd. reported in (2008) 301 ITR 2
ITA No. 7463/Del/2026
384 (Delhi) that such opening balances could not form subject matter
of Section 68 unexplained cash credit addition. Deleted accordingly.
This assessee’s appeal is allowed.
Order pronounced in the open court on 19th August, 2026
Sd/- (SATBEER SINGH GODARA) JUDICIAL MEMBER Dated: 27/08/2026. Binita, Sr. PS Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi
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
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