DEPUTY COMMISSIONER OF INCOME TAX , CENTRAL CIRCEL-1(2, NAGPUR vs. M/S. VIBRANT GLOBAL CAPITAL LTD., MUMBAI
What did the Tribunal hold?
The Tribunal upheld the CIT(A)'s decision to delete the addition related to written-off sundry balances, considering it a business expense allowable in the year of abandonment of a project. The appeal was dismissed.
What were the facts?
The Revenue appealed against the CIT(A)'s order deleting additions made by the AO. The additions pertained to unexplained cash credits, disallowance under Section 14A, and written-off sundry balances.
What were the issues?
Whether written-off sundry balances, representing an abandoned business proposal, are allowable as a business expenditure under Section 37 of the Income Tax Act.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(21)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. Orissa Corporation Pvt. Ltd.897 citing159 ITR 78 · 1986 · SC
- CIT v. P. Mohanakala525 citing291 ITR 278 · 2007 · SC · Read judgment
- CIT v. Reliance Industries Ltd.501 citing410 ITR 466 · 2019 · SC
- DCIT v. Rohini Builders489 citing256 ITR 360 · 2002 · HC
- HDFC Bank Ltd. v. DCIT408 citing383 ITR 529 · 2016 · HC
- CIT v. Smt. P. K. Noorjahan308 citing237 ITR 570 · 1999 · SC
- Smt. Prabhavati S. Shah v. CIT186 citing231 ITR 1 · 1998 · HC
- CIT v. Metachem Industries137 citing245 ITR 160 · 2000 · HC
- Orient Trading Co. Ltd. v. CIT123 citing49 ITR 723 · 1963 · HC
- CIT v. Ranchhod Jivabhai Nakhava112 citing208 Taxmann 35 · 2012 · HC
- 14. In Pr. CIT v. Veedhata Towers (P.) Ltd.67 citing403 ITR 415 · 2018 · HC
- Gaurav Triyugi Singh v. ITO55 citing423 ITR 531 · 2020 · HC
- GUJARAT Principal Commissioner of Income-tax (Central), Surat v. Neotech Education Foundation32 citing164 Taxmann.com 764 · 2024 · HC
- CIT v. Shiv Dhooti Pearls & Investment Ltd.29 citing64 Taxmann.com 329 · 2015 · HC
- Tanya Industries 322 ITR 394 (Born) IV. CIT v. Jai Kumar Bakliwal366 ITR 217 (Raj) & P 232 v. CIT25 citing43 Taxmann.com 395 · 2014 · HC
- Shankar Ind v. CIT 114 ITR 689; Prakash Textile v. CIT21 citing220 ITR 452 · 1996 · HC
- CIT v. Indian Mica Supply Co. (P.) Ltd.18 citing77 ITR 20 · 1970 · SC
- PCIT v. Ambe Tradecorp (P.) Ltd.14 citing290 Taxmann 471 · 2023 · HC · Read judgment
- Calcutta in Binani Cement Ltd. v. CIT4 citing233 Taxmann 340 · 2015 · HC
- CIT v. Reliance 29 M/s. Vibrant Global Capital Ltd. ITA4 citing313 ITR 240 · 2009 · HC
- (2020) 423 ITR 0531 ( Bom) Mr. Gaurav Triyugi Singh v. ITO (P- 41 to 44)3 citing64 Taxmann 329 · 2015 · HC
Income Tax Appellate Tribunal, NAGPUR BENCH, NAGPUR
Before: SHRI V. DURGA RAO & SHRI K.M. ROY, ACCOUNTANT, MEMBER
PER K.M. ROY, A.M.
This appeal has been filed by the Revenue challenging the impugned order dated 31/05/2022, passed by the learned Commissioner of Income Tax (Appeals)–3, Nagpur, [“learned CIT(A)”], for the assessment year 2014–15. 2. Following grounds have been raised by the Revenue:–
“1. On the facts and circumstances of the case and in law, the Ld. CIT(A) erred in deleting the addition of Rs.8.50 crore made by the AO as unexplained cash credit u/s 68 of the Act without considering the fact that no evidence was furnished by the assessee to substantiate the creditworthiness of the six (6) entities from whom such amo
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