M/S OM NAMAH SHIVAY TRADING COMPANY,,PARAOLA vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE -1,, JALGAON
What did the Tribunal hold?
The Tribunal held that once the assessee firm satisfactorily explains the source of investment as coming from its partners, its onus is discharged. Any further inquiry into the source of the partners' funds should be directed at the partners, not the firm.
What were the facts?
The assessee firm received a loan of Rs. 1,10,00,000/- from M/s. M.M. Traders, whose proprietor was a non-filer. Investigations revealed that the proprietor could not explain the source of the loan, and his bank account showed suspicious transactions including cash deposits followed by transfers to the firm's partners.
What were the issues?
Whether the addition made by the AO under Section 68 in the hands of the partnership firm is sustainable when the capital was introduced by its partners, even if the source of the partners' funds is questionable.
Which sections of the Income-tax Act were involved?
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Cases cited in this judgment(4)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. Metachem Industries137 citing245 ITR 160 · 2000 · HC
- PCIT v. Vaishnodevi Refoils & Solvex46 citing253 Taxmann 135 · 2018 · HC
- Prayag Tendu Leaves Processing Co. v. Commissioner of Income Tax18 citing400 ITR 120 · 2018 · HC
- Nova Medicare v. ITO13 citing150 Taxmann.com 363 · 2023 · HC
Income Tax Appellate Tribunal, PUNE BENCH “A”, PUNE
Before: SHRI R. K. PANDA & SHRI S.S. GODARA
आदेश की प्रतितिति अग्रेतिि/Copy of the Order is forwarded to: 1. अपीलार्थी / The Appellant; प्रत्यर्थी / The Respondent 2.
The concerned Pr.CIT, Pune 4. DR, ITAT, ‘A’ Bench, Pune गार्ड फाईल / Guard file. 5. आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अधिकरण ,पुणे / ITAT, Pune
S.No. Details Date Initials Designation 1 Draft dictated on 23.04.2024 Sr. PS/PS 2 Draft placed before author 23.04.2024 Sr. PS/PS Draft proposed & placed before the 3 JM/AM Second Member Draft discussed/approved by Second 4 AM/AM Member 5 Approved Draft comes to the Sr. PS/PS Sr. PS/PS 6 Kept for pronouncement on Sr. PS/PS 7 Date of uploading of Order Sr. PS/PS 8 File sent to Bench Clerk Sr. PS/PS Date on which the file goes to the Head 9 Clerk 10 Date on which file goes to the A.R. 11 Date of Dispatch of order
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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