ANANT KESHAV RAJEGAONKAR,NASHIK vs. THE ASSTT. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 2, NASHIK, NASHIK
What did the Tribunal hold?
The Tribunal found that the assessee had discharged the initial onus under Section 68 by providing all necessary documents to prove the identity, creditworthiness, and genuineness of the transactions. The AO failed to discharge the shifted burden of proving the contrary.
What were the facts?
The assessee received advances from M/s. Frontier Mercantile Private Limited (FMPL) for property sale, which the Assessing Officer (AO) treated as unexplained cash credit under Section 68. The AO's doubt stemmed from FMPL's creditworthiness and its prior classification as an 'entry provider' in another case.
What were the issues?
Whether advances received for property sale can be treated as unexplained cash credit under Section 68 when the assessee has provided sufficient evidence of the transaction's genuineness.
Which sections of the Income-tax Act were involved?
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Cases cited in this judgment(6)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.
- (Central)-1 v. NRA Iron & Steel (P) Ltd.696 citing103 Taxmann.com 48 · 2019 · SC
- H.R. Mehta v. Assistant Commissioner of Income-tax, Mumbai125 citing72 Taxmann.com 110 · 2016 · HC
- GUJARAT Principal Commissioner of Income-tax (Central) v. Naresh Nemchand Shah27 citing164 Taxmann.com 162 · 2024 · HC
- Seema Jain v. ACIT25 citing96 Taxmann.com 307 · 2018 · HC · Read judgment
- 307 (Delhi) 3. PCIT v. BST Infratech Ltd.8 citing167 Taxmann.com 15 · 2024
- 48 (SC) 2. Seema Jain v. ACIT4 citing161 Taxmann.com 608 · 2024 · HC
Income Tax Appellate Tribunal, PUNE BENCHES “A”, PUNE
Before: DR.MANISH BORAD & SHRI VINAY BHAMORE
PER DR. MANISH BORAD, ACCOUNTANT MEMBER :
The captioned appeals at the instance of assessee pertaining to A.Yrs. 2013-14, 2014-15 and 2015-16 are directed against the separate orders dated 25.04.2024 and 26.04.2024 framed by National Faceless Appeal Centre, Delhi (NFAC) arising out of respective assessment orders/penalty orders passed u/s.143(3)/271(1)(c) of the Act.
Identical grounds have been taken by the assessee in most of these appeals, therefore, these appeals were heard together and are being disposed of by this consolidated order for the sake of convenience.
Firstly we will tak
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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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