JAINAM BUILDERS,RAIPUR vs. INCOME TAX OFFICER, WARD 1(2), RAIPUR, RAIPUR

ITA 637/RPR/2025Status: HeardITAT Raipur05 August 2026AY 2017-189 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal noted that the assessee had submitted additional documents to the CIT(A) which were not considered. Therefore, the issue was restored to the CIT(A) for a fresh decision after granting one final opportunity to the assessee to substantiate its case.

What were the facts?

The assessee, a construction firm, showed unsecured loans of over Rs. 35 crore in its balance sheet. The Assessing Officer added Rs. 1.22 crore to the total income as unexplained cash credit, finding the loan confirmations lacked sufficient details regarding identity, creditworthiness, and genuineness of transactions.

What were the issues?

Whether the addition of unsecured loans as unexplained cash credit was justified, and whether the CIT(A) erred by not considering the additional evidence submitted by the assessee.

Which sections of the Income-tax Act were involved?

Section 68,Section 115BBE,Section 143(2),Section 142(1),Section 133(6),Section 127

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, RAIPUR BENCH, RAIPUR

Before: JUSTICE (RETD.) SHRI C. V. BHADANG & SHRI R. K. PANDA

For Appellant: Shri Praveen Khandelwal &
For Respondent: Shri Piyush Tripathi, Sr.DR

PER R.K. PANDA, VP:

This appeal filed by the assessee is directed against the order dated 18.08.2025 of the Ld. CIT(A) / NFAC, Delhi relating to assessment year 2017-18. 2. Facts of the case, in brief, are that the assessee is a partnership firm engaged in the business of construction. It filed its return of income on 31.10.2017 declaring total income at Nil. The case of the assessee was selected for scrutiny through CASS. Accordingly statutory notice u/s 143(2) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) was issued and served on the assessee. Subsequently notice u/s 142(1) of the Act along with a questionnaire was issued

2 and served on the assessee in response to which the assessee filed

The order continues below.

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