COMMISSIONER OF INCOME TAX vs. HARI RAM CHHAGAN LAL & PARTY
What did the High Court hold?
The High Court held that the identity, creditworthiness, and genuineness of the loan are pure questions of fact. Since the lower authorities had concurrently found in favour of the assessee based on documentary evidence, no substantial question of law arose.
What were the facts?
The revenue appealed against the ITAT's order concerning an addition of Rs 57 lacs treated as unexplained loan and disallowance of interest. The Assessing Officer had raised objections regarding the loan not being reflected in the assessee's balance sheet and the non-production of the lender's bank statement.
What were the issues?
Whether the loan of Rs 57 lacs was genuine, and whether the lower authorities' findings on identity, creditworthiness, and genuineness were based on substantial evidence.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Jalan Timbers v. CIT37 citing290 ITR 508 · 1997 · HC
THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 02.02.2010
+ ITA 1255/2008
COMMISSIONER OF INCOME TAX ... Appellant
- versus –
HARI RAM CHHAGAN LAL & PARTY
... Respondent
Advocates who appeared in this case:- For the Appellant
: Ms P. L. Bansal For the Respondent : Mr Prakul Khurana
CORAM: HON'BLE MR JUSTICE BADAR DURREZ AHMED HON'BLE MR JUSTICE SIDDHARTH MRIDUL
Whether Reporters of local papers may be allowed
to see the judgment?
To be referred to the Reporter or not?
Whether the judgment should be reported in Digest?
BADAR DURREZ AHMED, J (ORAL) 1. This is an appeal filed by the revenue in respect of the assessment year 1998-1999 arising out of the Income Tax Appellate Tribunal’s order dated 16.03.2007 in ITA 3133/Del/2002.
On 10.11.2008, when this matter came up for admission for the first time, we had directed issuance of notice confined to the issue of Rs 57 lacs purportedly received as loan from M/s Sri Ram & Company and also the issue of allowance/ disallowance of interest of Rs 7.41 lacs thereon. The Assessing Officer had made an addition of, inter alia, the said sum of Rs 57 lacs on account of unexplained loans and had also disallowed interest 2010:DHC:612-DB
We find that all the three aspects of identity, creditworthiness and genuineness have been examined by the Commissioner of Income Tax (Appeals) as well as by the Tribunal and they have both returned findings of fact in favour of the respondent/ assessee.
The Assessing Officer had objected on two counts. The first objection was that the loan of Rs 57 lacs taken from M/s Sri Ram & Company was not reflected in the balance sheet of the assessee. The second objection was that the assessee had not produced the bank statement of M/s Sri Ram & Company. As against this, the assessee had pointed out before the Commissioner of Income Tax (Appeals) as well as before the Income Tax Appellate Tribunal that it had discharged its burden inasmuch as it had produced the required documentary evidence in the form of (i) confirmation letter from M/s Sri Ram & Company giving all the relevant details such as name, address, permanent account number etc.; (ii) the income tax return of M/s Sri Ram & Company; as well as (iii) the balance sheet of the said party. After taking into account the material supplied by the assessee, both the Commissioner of Income Tax (Appeals) as well as the Tribunal were satisfied with regard to the identity of the creditor as well as its creditworthiness as also with regard to the genuineness of the transaction.
With regard to the objection that the loan of Rs 57 lacs had not been reflected in the balance sheet of the assessee, it was pointed out that the figure of Rs 57 lacs was not apparent inasmuch as a further sum of Rs 6,66,900/- had been credited to the account of the party on account of 2010:DHC:612-DB
balance of the party was Rs 63,66,900/- and the same was duly verifiable from the balance sheet as on 31.03.1998 of the said party. With regard to the objection of the Assessing Officer that the bank statement of the party had not been supplied, the Tribunal observed that in view of the other overwhelming documents given by the assessee, it was clearly established that the loan was genuine and that the creditworthiness also stood established by the other documents on record.
As observed by a Division Bench of this Court in the case of CIT v. Dalmia Resorts International: (2007) 290 ITR 508 (Delhi), the questions whether the lender was genuine, had resources and the capacity to lend money and had actually lent the money shown to have been borrowed by the assessee, are all pure questions of fact. As in that case, in the present case also, concurrent findings had been returned on these factual questions by the Commissioner of Income Tax (Appeals) as well as the Tribunal in favour of the assessee. In the absence of any perversity in the said findings, we find that no substantial question of law arises for our consideration and there is no cause for us to interfere with the impugned order passed by the Tribunal.
Consequently, the appeal is dismissed.
BADAR DURREZ AHMED, J
SIDDHARTH MRIDUL, J FEBRUARY 02, 2010 SR
2010:DHC:612-DB
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
Recent GST High Court judgments
Search GST case law →- Sutha vs. The State Tax Officer(Inspection-3)Madras · 27 Oct 2026
- M/S.Sri Satya Sai Constructions vs. The State Of Andhra PradeshAndhra Pradesh · 27 Oct 2026
- Anisha Busa vs. Sibar Institute Of Dental SciencesAndhra Pradesh · 27 Oct 2026
- M/S.Sri Satya Sai Constructions vs. The State Of Andhra PradeshAndhra Pradesh · 27 Oct 2026
- M/S. Sikka Motors PVT LTD vs. Union Of INDIA & Anr.Delhi · 27 Oct 2026