SHRI BHARATKUMAR IASHWARBHAI BHATIYA,RAJKOT vs. THE ITO, WARD-1 (1) (2),, RAJKOT

ITA 46/RJT/2023Status: DisposedITAT Rajkot19 June 2025AY 2013-1453 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the assessee failed to discharge the onus of proving the identity, creditworthiness, and genuineness of the depositors for the unexplained cash credits. Therefore, the additions made by the AO were justified.

What were the facts?

The Income Tax Appellate Tribunal (ITAT) heard a consolidated batch of appeals concerning unexplained cash deposits in bank accounts. The Assessing Officer (AO) initiated proceedings under section 153A following a search action, and made additions for cash deposits that did not match the returned income.

What were the issues?

Whether the assessee discharged the burden of proof for unexplained cash deposits, and if the peak credit theory was applicable in this case.

Which sections of the Income-tax Act were involved?

Section 153A,Section 144,Section 147,Section 143(3),Section 271(1)(c),Section 68,Section 69,Section 69A,Section 69D

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Cases cited in this judgment(20)Show 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.

IN THE INCOME TAX APPELLATE TRIBUNAL, RAJKOT BENCH, RAJKOT BEFORE DR. ARJUN LAL SAINI, ACCOUNTANT MEMBER & DINESH MOHAN SINHA, JUDICIAL MEMBER आयकर अपील सं./ITA No. 134 & 135/RJT/2023 (निर्धारणवर्ष / Assessment Years: (2007-08 & 2008-09)

Income Tax Officer, Ward- Shri Kherajmal Lekhrajbjai 1(2)(1), Aaykar Bhavan, 5th Vs. Thavrani, 4- Parsana Nagar, Shri Floor, Room No. 517, Race Vaheguru Grupa, Near Refugee Course Ring Road, Rajkot-360 Colony, Rajkot-360 001 001 स्थायी लेखा सं./जी आइ आर सं./PAN/GIR No.: ADRPT 5807 E (Appellant) (Respondent) CO. No. 01&02/RJT/2023 (a/o ITA No.134 & 135/Rjt/2023) (निर्धारण वर्ष/Assessment Year: (2007-08 & 2008-09)

Shri Kherajmal Lekhrajbjai Thavrani, 4- Parsana Nagar, Shri Vaheguru Grupa, Near Refugee Colony, Rajkot-360 001 The Income Tax Officer, Ward- 1(2)(1), Aaykar Bhavan, 5th Floor, Vs.

Room No. 517, Race Course Ring Road, Rajkot-360001 स्थायी लेखा सं./जी आइ आर सं./PAN/GIR No.: ADRPT 5807 E (Applicant) (Respondent) आयकर अपील सं./ITA No. 16/RJT/2019 (निर्धारणवर्ष / Assessment Year: (2010-11)

Damjibhai Lekharj Tharvani C/o. Sarda & Sarda, CAs, 1st Floor, "Sakar" Opp. Rajkumar College, Dr.

Radhakrishnan Road, Rajkot-360 001 Vs.

Income Tax Officer,

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