BALAJI CONSTRUCTION,PUNE vs. INCOME TAX OFFICER WARD -7(3), PUNE
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the addition could not be sustained under Section 41(1) as there was no material evidencing cessation or remission of liability. Furthermore, the addition could not be treated as unexplained cash credits under Section 68 as it amounted to creating a new head of income in appeal.
What were the facts?
The assessee challenged an addition of Rs. 12,30,417 made by the Assessing Officer. This addition was initially treated as cessation of liability under Section 41(1) and later as unexplained cash credits under Section 68 by the CIT(A).
What were the issues?
Whether the addition made on account of cessation of liability is sustainable under Section 41(1) and whether it can be treated as unexplained cash credits under Section 68 in the first appellate proceedings.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(5)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.
- CIT v. Shapoorji Pallonji Mistry278 citing44 ITR 891 · 1962 · SC · Read judgment
- CIT v. Sardari Lal & Co.240 citing251 ITR 864 · 2001 · HC
- CIT v. Union Tyres135 citing240 ITR 556 · 1999 · HC
- CIT v. Shri Vardhman Overseas Ltd.76 citing343 ITR 408 · 2012 · HC · Read judgment
- CIT v. Bhogilal Ramjibhai Atara43 citing43 Taxmann.com 55 · 2014 · HC
Income Tax Appellate Tribunal, PUNE BENCH “SMC”, PUNE
Before: SHRI S. S. GODARA
ORDER
PER S. S. GODARA, JM:
This assessee’s appeal for assessment year 2015-16 arises against the CIT(A)-5, Pune’s order dated 21.05.2018 passed in case no.PN/CIT(A)-5/ITO, Wd-7(3), Pune/10192/2017-18 involving proceedings u/s 143(3) of the Income Tax Act, 1961; in short “the Act”. Heard both the parties. Case file perused.
It emerges at the outset that the assessee’s sole substantive grievance challenges correctness of addition amount of Rs.12,30,417/- made in the course of assessment as an instance of 41(1) of the Act; which in turn has been treated as unexplained cash credits u/s 68 in the CIT(A)’s lower appellate discussion. 3. I have given my thoughtful consideration to vehement rival stands against and in support of the foregoing twin issues involving the very sum of Rs.12,30,417/-. Suffice to say, Mr. Jasnani could not pinpoint any specific material on assessee’s books evidencing actual cessation or remission; as the case may be, so as to attract section 41(1) of the Act. I thus quote CIT vs. Bhogilal Ramjibhai Atara (2014) 43 taxmann.com 55 (Gujarat) and Vardhman Overseas (2012) 343 ITR 408 (Delhi) to delete the impugned addition for this precise reason alone. 4. The legal position regarding section 68 addition of the very sum also fails the test of legality as it amount to hold together a new head of income in first appellate proceedings not sustainable in light of CIT vs. Shapoorji Pallonji Mistry (1962) 44 ITR 891 (SC), CIT vs. Union Tyres (1990) 240 ITR 556 (Delhi) and CIT vs. Sardarilal & Co. (2001) 251 ITR 864 (Delhi) (FB). The same also stands deleted therefore.
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
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