M/S VINAYAK BUILDCREATION PRIVATE LIMITED,UDAIPUR vs. DCIT, CENTRAL CIRCLE-1, JODHPUR, JODHPUR

ITA 5/JODH/2025Status: DisposedITAT Jodhpur28 April 2026AY 2017-1819 pages
AI SummaryAllowed

What were the facts?

The assessee challenged additions made by the Assessing Officer (AO) and confirmed by the CIT(A) under Section 68 of the Income Tax Act for cash deposits in bank accounts. The assessee argued that the AO did not properly confront the issue of Section 68 and that the cash book, if accepted, would validate the closing balance.

What did the Tribunal hold?

The Tribunal held that the addition made under Section 68 on account of unexplained cash deposits was unwarranted. It found that the assessee had provided explanations for the cash receipts and withdrawals, and that the AO's adverse view without proper confrontation was against the law.

What were the issues?

Whether additions under Section 68 for cash deposits are valid when the assessee has provided explanations and the AO has not properly confronted the issue. Whether the AO's acceptance of books of accounts contradicts making additions under Section 68.

Which sections of the Income-tax Act were involved?

Section 68,Section 40(A)(3),Section 132,Section 153A,Section 143(3),Section 234A,Section 234B,Section 234C

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, JODHPUR BENCH, JODHPUR

Before: DR. MITHA LAL MEENA, HON’BLE & SHRI SUDHIR PAREEK, HON’BLE

For Appellant: Shri Shrawan Kumar Gupta
For Respondent: Shri O.P. Meena CIT-DR(Virtually)
Hearing: 24.03.2026

PER BENCH: This bunch of appeals filed by the assessee is directed against the separate order of the Commissioner Income Tax (Appeals), Jaipur-5 [hereinafter referred to as the CIT (A)] dated 04.12.2024 with respect to Assessment Years 2013-14, 2014-15, 2015-16, 2016-17, 2017-18 & 2018-19 and 06.12.2024 with respect to Assessment Year 2019-20. 2. The assessee has taken following grounds of appeal: ITA No. 01/Jodh/2025 A.Y. 2013-14 (Assessment Year 2013-14 to 2019-20)  “The impugned order u/s 153A rws 143(3) of the I.T. Act, 1961 dated 14.06.2021 as well as the action taken u/s 153A

The order continues below.

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