PRINCIPAL COMMISSIONER OF INCOME TAX, SURAT-2 vs. RAMESHCHANDRA I. GANDHI(HUF)
What did the High Court hold?
The High Court focused on the second contention raised by the assessee, which was accepted by the CIT(A) and the ITAT. The Court found no error in the view of the CIT(A) and the ITAT. The Court noted that in the earlier assessment year (AY 2003-04), the Department had disbelieved the entire purchases and made additions on the basis of a revised estimate of gross profit. Once this was done, making a disallowance of the same amount or part thereof would amount to double taxation. The Court did not delve into the other contentions raised by the Revenue or the assessee, as the appeal could be decided on this specific ground. The operative direction was that the tax appeal is dismissed.
What were the facts?
The Revenue is in appeal against the Income-tax Appellate Tribunal's (ITAT) order dated March 20, 2018. The Assessing Officer (AO) had made an addition of Rs. 1,75,00,000 (rounded off) for Assessment Year 2004-05 on account of bogus sundry creditors related to purchases, invoking Section 41(1) of the Income-tax Act, 1961. The assessee appealed to the Commissioner of Income-tax (Appeals) [CIT(A)], who deleted the addition. The CIT(A) accepted the assessee's contention that mere passage of time does not imply cessation of liability. Crucially, the CIT(A) also accepted the alternative contention that the corresponding purchases amounting to Rs. 1.75 crores were already disallowed in Assessment Year 2003-04, with additions made based on estimated gross profit. The Revenue appealed to the ITAT, which upheld the CIT(A)'s order, leading to the present appeal by the Revenue.
What were the issues?
1. Whether on the facts and circumstances and in law, the ITAT erred in upholding the CIT(A)'s order deleting the addition of Rs. 1,75,06,500 on account of bogus sundry creditors towards purchases under Section 41(1) of the Act? 2. Whether on the facts and circumstances and in law, the ITAT failed to appreciate that the assessee failed to prove the genuineness of the parties from whom purchases were made in AY 2003-04 during the assessment proceedings? 3. Whether on the facts and circumstances and in law, the ITAT erred in not appreciating that barring three parties with whom purchases were disallowed in AY 2003-04, the rest of the parties in respect of which addition was made in AY 2004-05 under Section 41(1) were different? Assessee's contentions (as accepted by CIT(A) and ITAT): The assessee contended that the mere passage of time does not constitute cessation of liability. Furthermore, the purchases from these creditors amounting to Rs. 1.75 crores were already disallowed in AY 2003-04, and additions were made based on estimated gross profit. Therefore, making a further disallowance on the same ground would amount to double taxation. Revenue's contentions: The Revenue argued that at least three of the creditors had not shown any outstanding liabilities of the assessee and no matching creditor entries were made in their accounts for the relevant year. Therefore, the view of the CIT(A) and the ITAT was not correct.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
C/TAXAP/1092/2018 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 1092 of 2018 ========================================================== PRINCIPAL COMMISSIONER OF INCOME TAX, SURAT-2 Versus RAMESHCHANDRA I. GANDHI(HUF) ========================================================== Appearance: MRS KALPANAK RAVAL(1046) for the PETITIONER(s) No. 1 for the RESPONDENT(s) No. 1 ========================================================== CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI and HONOURABLE MR.JUSTICE B.N. KARIA
Date : 04/09/2018
ORAL ORDER (PER : HONOURABLE MR.JUSTICE AKIL KURESHI) 1. Revenue is in appeal against the judgment of the Incometax Appellate Tribunal dated 20.03.2018 raising following substantial questions of law : “(A)
Whether
the
facts
and circumstances of the case and in law the Hon'ble ITAT has erred in upholding the order of the ld.CIT(A) deleting the addition of Rs.1,75,06,500/ made on account of bogus sundry creditors towards purchases u/s.41(1) of the Act ?
(B)
Whether on the facts and circumstances of the case and in law, the Hon'ble ITAT has not appreciated that the assessee has failed to prove the genuiness of the parties from whom purchases were Page 1 of 4
C/TAXAP/1092/2018 ORDER made in A.Y. 200304 during the assessment proceedings ?
(C) Whether on the facts and circumstances of the case and in law, the Hon'ble ITAT has erred in not appreciating that barring three parties purchases with whom were disallowed in the A.Y. 200304 rest of the parties in respect of which addition was made in A.Y. 200405 u/s.41(1) of the Act were different ?” 2. The issues pertain to the assessment year 200405. The Assessing Officer made addition of Rs.1,75,00,000/ (rounded off) towards bogus sundry creditors relatable to purchases. The Assessing Officer invoked the provisions of Section 41(1) of the Incometax Act, 1961.
The assessee carried the issue further in CIT (Appeals). CIT (Appeals) accepted the assessee's contention that mere passage of time would not be sufficient to hold that there was cessation of liability. The assessee's alternative contention was also accepted which was that the corresponding purchases from the creditors of Rs.1.75 crores was already disallowed in the assessment year 200304 and gross profit was estimated for making additions. Therefore since the purchases have already been held unexplained leading to additions being made Page 2 of 4
C/TAXAP/1092/2018 ORDER in the income, further disallowance on the same ground would amount to double taxation.
Revenue carried the matter in appeal. The Tribunal focused on the second contention of the assessee which was accepted, upon which, the Revenue has filed this appeal.
Counsel for the Revenue drew our attention to the materials on record to contend that at least three of the creditors had not shown any outstanding liabilities of the assessee. No matching creditor entries were made in their accounts for the relevant year. He, therefore, argued that view of the CIT (Appeals) and the Tribunal is not quite correct.
We have focused only on the second of the two contentions raised by the assessee which succeeded before the CIT (Appeals). We do not find any error in the view of the CIT (Appeals) and the Tribunal. We may recall that in the earlier assessment year the Department disbelieved the entire purchases and therefore made additions on the basis of revised estimate of gross profit. Once that was done, making disallowance of the same amount or part thereof would amount to double taxation. Page 3 of 4
C/TAXAP/1092/2018 ORDER
In the result, tax appeal is dismissed. (AKIL KURESHI, J) (B.N. KARIA, J) K.K. SAIYED Page 4 of 4
More judgments on Section 41(1)
- ACIT, Central Circle, Agra vs M/S Ghanaram Infraengineers Pvt. Ltd., New…ITA 328/AGR/2025[2022-23]Status: Disposed16 Oct 2026AY 2022-23
- ACIT, Central Circle, Agra vs M/S Ghanaram Infraengineers Pvt. Ltd., New…ITA 327/AGR/2025[2021-22]Status: Disposed16 Oct 2026AY 2021-22
- ACIT, Central Circle, Agra vs M/S Ghanaram Infraengineers Pvt. Ltd., New…ITA 326/AGR/2025[2020-21]Status: Disposed16 Oct 2026AY 2020-21
- ACIT-Central Circle, Agra vs M/S Ghanaram Infraengineers Pvt. Ltd., New…ITA 325/AGR/2025[2019-20]Status: Disposed16 Oct 2026AY 2019-20
- Morlidhar B Vamdote, Bardoli vs ITO, Ward-1, BardoliITA 1174/SRT/2025[2017-18]Status: Disposed1 Oct 2026AY 2017-18
Recent GST High Court judgments
Search GST case law →- Santa Singh vs. SuperintendentUttarakhand · 27 Oct 2026
- Azaad Builders vs. Assistant Commissioner SGSTUttarakhand · 27 Oct 2026
- Shadab Malik vs. State Of U.P. And 2 OthersAllahabad · 26 Oct 2026
- Ganesh Trimbak Saraf And Another vs. The State Of Maharashtra And AnotherBombay · 26 Oct 2026
- M/S. Vajram Infra Material Industries vs. The State Of Andhra PradeshAndhra Pradesh · 26 Oct 2026