MANISH BEARING ENTERPRISES (THROUGH ITS PARTNERS) vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-46(1)

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ITA - 435 / 2023HC Delhi09 August 20232 pages
For Petitioner: VED KUMAR JAIN
AI SummaryPartly Allowed

What did the High Court hold?

The High Court admitted the appeal and framed questions of law regarding the ITAT's confirmation of the addition and whether the ITAT's order was perverse. The court also directed the filing of legible annexures and written submissions.

What were the facts?

The appellant, Manish Bearing Enterprises, is challenging the ITAT's order confirming an addition of Rs. 1,00,00,000/-. This addition was made on account of unexplained cash credits.

What were the issues?

Whether the ITAT erred in confirming the addition of unexplained cash credits under Section 68, and if the ITAT's order was perverse.

Which sections of the Income-tax Act were involved?

Section 68

AI-generated summary — verify with the full judgment below

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 435/2023 MANISH BEARING ENTERPRISES (THROUGH ITS PARTNERS)

..... Appellant Through: Mr Ved Jain with Mr Nischay Kantoor and Ms Sonia Dodeja, Advs.

versus

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-46(1) ..... Respondent Through: Mr Abhishek Maratha, Sr. Standing Counsel with Mr Akshat Singh, Jr. Standing Counsel.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

HON'BLE MR. JUSTICE GIRISH KATHPALIA

O R D E R %

09.08.2023 [Physical Hearing/Hybrid Hearing (as per request)] CM APPL. 40627/2023 1. Allowed, subject to the appellant filing legible/translated copies of the annexures, at least three days before the next date of hearing. ITA 435/2023 2. Appeal has been admitted. 3. The following question of law is framed for consideration of this court:- “(1.) Whether on facts and circumstances of the case, the ITAT erred in confirming the order of CIT(A) upholding the addition of Rs. 1,00,00,000/- on account of unexplained cash credits under section 68 of the Act? (2.) Whether on facts and circumstances, the order of the ITAT is perverse?” 4. List the matter in due course, as per age and seniority. ITA 435/2023

Page 1 of 2 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2026 at 13:12:24

5.

Counsels for the parties will file written submissions, not exceeding three pages each at least three days before the next dare of hearing.

RAJIV SHAKDHER, J

GIRISH KATHPALIA, J AUGUST 9, 2023/RY

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ITA 435/2023

Page 2 of 2 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2026 at 13:12:24

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