AMIT GANDHI,GWALIOR vs. BPL-W-(41)-(91), GWALIOR
What did the Tribunal hold?
The Tribunal held that the sums of Rs. 3.5 lakhs from Dinesh Jethwani and Rs. 3 lakhs from Ram Kukreja were not received during the year under consideration, as they were already outstanding from previous years. Therefore, Section 68 of the Act was not applicable.
What were the facts?
The Assessing Officer (AO) made an addition of Rs. 6,50,000 as unexplained cash credit on account of unsecured loans from two parties. The assessee had provided bank statements and confirmations for all unsecured loan creditors. The addition was upheld by the CIT(A).
What were the issues?
Whether the addition of Rs 6,50,000 as unexplained cash credit under Section 68 r.w.s. 115BBE is justified when the loans were outstanding from previous years and not received in the current assessment year.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, AGRA BENCH “SMC”: AGRA
O R D E R PER M. BALAGANESH, A. M.: 1. The appeal in AY 2022-23, arises out of the order of the ld National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as ‘ld. NFAC’, in short] dated 21-11-2025 against the order of assessment passed u/s 143(3) r.w.s. 144B of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’) dated 18.04.2024 by the Assessing Officer, Agra (hereinafter referred to as ‘ld. AO’).
The only issue to be decided in this appeal is as to whether the Learned CITA was justified in confirming the addition of Rs 6,50,000 made under Section 68 r.w.s. 115BBE of the Act as unexplained cash credit in respect of loans received from two parties in earlier years.
We have heard the rival submissions and perused the materials available on record. During the course of assessment proceedings, the Learned AO sought Page | 1 details of unsecured loans outstanding as at the end of the balance sheet date. The Assessee completely enclosed the bank statements of 24 persons of unsecured loan creditors together with their confirmations, income tax returns before the Learned AO. The Learned AO picked up unsecured loans from two parties i.e. Ram Kukreja in the sum of Rs 3 lakhs and Dinesh Jethwani in the sum of Rs 3.5 lakhs and sought to add the same as unexplained cash credit under Section 68 r.w.s. 115BBE of the Act and completed the assessment. This action of the Learned AO was upheld by the Learned CITA. But we find that a sum of Rs 3.5 lakhs received from Dinesh Jethwani was already lying as outstanding in the balance sheet of Assessee as opening balance as on 1.4.2021, which is evident from the confirmation given by the party. Further, we also find that the sum of Rs 3 lakhs representing unsecured loan from Ram Kukreja was already outstanding as on 31st March 2019 in the balance sheet of the Assessee. Hence, it is very clear that both the sums of Rs 3.5 lakhs and Rs 3 lakhs were not received during the year under consideration. Hence, in our opinion, the provisions of Section 68 of the Act per se could not be made applicable. Since the said sums were not received during the year, we have no hesitation in directing the Learned AO to delete the addition of Rs 6.5 lakhs under Section 68 of the Act. Accordingly, the ground raised by the Assessee is allowed.
In the result, the appeal of the Assessee is allowed.
Order pronounced in the open court on 02/04/2026.
More judgments on Section 68
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
- Bliss Dealtrade Private Limited, Kolkata vs Income Tax Officer - Ward 9(2) Kolkata…ITA 208/KOL/2026[2012-13]Status: Disposed21 Oct 2026AY 2012-13
- Hemal Paresh Madeka, Rajkot vs Asst.Commissioner of Income Tax…ITA 955/RJT/2026[2020-21]Status: Disposed19 Oct 2026AY 2020-21
- Ajaybhai Dineshbhai Bagdai, Near Central… vs The Income Tax Officer, Ward-1(2)(1), New…ITA 74/RJT/2026[2013-14]Status: Disposed19 Oct 2026AY 2013-14
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