M/S PUSHPA INFRASTRUCTURE,INDORE vs. DCIT/ACIT 2 (1), INDORE, INDORE

ITA 567/IND/2026Status: DisposedITAT Indore03 June 2026AY 2013-145 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the assessee had discharged its primary onus under Section 68 by providing documents to establish the identity, creditworthiness, and genuineness of the loan. Following previous ITAT decisions with similar facts and the same lender, the Tribunal deleted the additions.

What were the facts?

The assessee's case was reopened under Section 147, leading to additions for an alleged accommodation loan and related disallowances. The Assessing Officer treated the loan from M/s Jay Jyoti India Pvt. Ltd. as an unexplained cash credit.

What were the issues?

Whether the loan received from M/s Jay Jyoti India Pvt. Ltd. constituted an unexplained cash credit under Section 68, and if the assessee had discharged its onus to prove the genuineness of the loan.

Which sections of the Income-tax Act were involved?

Section 147,Section 148,Section 68,Section 69C

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, INDORE BENCH, INDORE

Before: SHRI B.M. BIYANI & SHRI PARESH M. JOSHI

For Appellant: Shri Gagan Tiwari and Shri Piyush Parashar, Adv. & AR
For Respondent: Shri Ashish Porwal, Sr. DR
Hearing: 21.05.2026Pronounced: 03.06.2026

Per B.M. Biyani, A.M.:

Feeling aggrieved by appeal-order dated 10.02.2026 passed by learned Commissioner of Income-Tax (Appeals)-National Faceless Appeal Centre, Delhi [“CIT(A)”] which in turn arises out of assessment-order dated 29.09.2021 passed by learned DCIT/ACIT-1(1), Indore [“AO”] u/s 147 of Income-tax Act, 1961 [“the Act”] for Assessment-Year [“AY”] 2013-14, the assessee has filed this appeal on the grounds as mentioned in Form No. 36 (Appeal Memo).

M/s Pushpa Infrastructure ITA No. 567/Ind/2026 – AY 2013-14

2.

There is a small delay of 5 days in filing present appeal. Having regard

to the averments made by assessee/appella

The order continues below.

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