CHANDERMAULI,AHMEDABAD vs. ITO WARD 5(3)(1) , AHMEDABAD
What did the Tribunal hold?
The Tribunal held that for an addition under Section 68, the sum must be found credited in the assessee's books. Since the assessee denied the transactions and provided supporting documents, and the AO failed to establish the credit entry in the assessee's books, the addition was not legally sustainable.
What were the facts?
The Assessing Officer (AO) made an addition of ₹13,29,120 to the assessee's income under Section 68, alleging accommodation entries based on third-party information. The assessee repeatedly denied these transactions, stating they were not reflected in their bank accounts or cash ledger.
What were the issues?
Whether additions under Section 68 can be made without establishing that the sum was credited in the assessee's books, especially when the assessee denies the transaction and provides contrary evidence.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, AHMEDABAD BENCHES, AHMEDABAD
Before: SHRI NARENDRA PRASAD SINHA, ACCOUNTANT & SHRI SANJAY KUMAR
PER SANJAY KUMAR, JUDICIAL MEMBER:
- This appeal has been filed by the Assessee against the order dated 20.02.2025 passed by the Ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi (hereinafter referred to as ‘Ld. CIT (A)’ in short), under Section 250 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’ in short) for Assessment Year 2018-19. ITA 283/AHD/2026 Assessment Year: 2018-19)) - 2–
The order continues below.
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More judgments on Section 68
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- 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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