How many judgments cite Aravali Trading Co. v. ITO?

71 judgments on BharatTax cite Aravali Trading Co. v. ITO (8 DTR 199), spanning 2017 to 2026.

Which sections of the Income Tax Act does Aravali Trading Co. v. ITO come up under?

It is most often cited in judgments turning on Section 68, Section 142(1), Section 143(3), Section 250, Section 133(6), Section 131.

Aravali Trading Co. v. ITO

8 DTR 199High Court2008#1600 most cited

What is Aravali Trading Co. v. ITO authority for?

An assessee discharges their onus under Section 68 for cash credits by proving the identity of the creditor, the genuineness of the transaction, and the creditor's creditworthiness. The assessee is not required to prove the source of the creditor's funds ('source of source'), unless evidence suggests the money originated from the assessee itself.

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2017 to 2026.

Also referred to as

Aravali Trading Co v ITO · Section 68 · cash credits · unexplained cash credit · assessee's onus · burden of proof · identity of creditor · genuineness of transaction · creditworthiness of creditor · source of source · banking channels

Also reported as

187 Taxmann 33820 Taxmann.com 441

Sections most often in play

Section 68 Section 142(1)Section 143(3)Section 250 Section 133(6)Section 131 Section 143(1)Section 143(2)

Issues it is cited on

source of source creditworthiness of the creditor addition u/s 68 admission of additional evidence genuineness of the transaction share application money sundry creditors rule 46a change of opinion unexplained cash credit section 131 section 68

Judgments citing Aravali Trading Co. v. ITO

DCIT, CENTRAL CIRCLE-4(3), KOLKATA, KOLKATA vs. GOLDEN GOENKA CREDIT PRIVATE LIMITED , KOLKATA

In the result, the appeal of the revenue is dismissed

ITA 1799/KOL/2025[2022-23]Status: DisposedITAT Kolkata28 Jan 2026AY 2022-23

Bench: Shri Rajesh Kumar (Accountant Member), Shri Pradip Kumar Choubey (Judicial Member)

Section 127Section 132(1)Section 139Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 250Section 36(1)(iii)Section 68

…आयकर अपील"य अ"धकरण, कोलकाता पीठ, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH KOLKATA Before Shri Rajesh Kumar, Accountant Member and Shri Pradip Kumar Choubey, Judicial Member Assessment Year: 2022-23 DCIT, Central Circle -4(3), Kolkata.…..………………….……….……….……Appellant vs. Golden Goenka Credit Pvt. Ltd ………..…………...……………………..…..Respondent 24 Magma House, 10th Floor, 24, Park Street, Park Centre, W.B. – 700016.. [PAN: AACCR3964K] Appearances by: P N Barnwal, CIT - DR, appeared on behalf of the appellant. Miraj D Shah, AR appeared on behalf of the Respondent. Date of concluding the hearing : November 11, 2…

NIDHI RANI,PANIPAT vs. INCOME TAX OFFICE, WARD-1, PANIPAT, PANIPAT

In the result, appeal of the assessee is allowed

ITA 3323/DEL/2023[2018-19]Status: DisposedITAT Delhi19 Dec 2025AY 2018-19

Bench: Shri Sudhir Kumar & Shri Manish Agarwal[Assessment Year : 2018-19] Smt. Nidhi Rani Vs Ito 1361, Sector-25, Part-Ii Ward-1, Panipat, Haryana-132103 Panipat Pan-Arrpr9400P Appellant Respondent Appellant By Dr. Rakesh Gupta, Adv. Shri Somil Agarwal, Adv. & Shri Saksham Agarwal, Ca Respondent By Shri Shyam Manohar Singh, Sr.Dr Date Of Hearing 24.09.2025 Date Of Pronouncement 19.12.2025 Order

Section 142(1)Section 143Section 143(2)Section 143(3)Section 234ASection 250Section 68

…ITA No.3323/Del/2023 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI “E” BENCH: NEW DELHI BEFORE SHRI SUDHIR KUMAR, JUDICIAL MEMBER & SHRI MANISH AGARWAL, ACCOUNTANT MEMBER [Assessment Year : 2018-19] Smt. Nidhi Rani vs ITO 1361, Sector-25, Part-II Ward-1, Panipat, Haryana-132103 Panipat PAN-ARRPR9400P APPELLANT RESPONDENT Appellant by Dr. Rakesh Gupta, Adv. Shri Somil Agarwal, Adv. & Shri Saksham Agarwal, CA Respondent by Shri Shyam Manohar Singh, Sr.DR Date of Hearing 24.09.2025 Date of Pronouncement 19.12.2025 ORDER PER MANISH AGARWAL, AM : The present appeal is filed by the assessee against the order dated 30.…

VIJIT SINGH,JAIPUR vs. ITO WARD 3(2) JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed

ITA 1246/JPR/2025[2009-10]Status: DisposedITAT Jaipur17 Nov 2025AY 2009-10

For Appellant: Shri Shrawan Kumar Gupta, AdvFor Respondent: Shri Gaurav Awasthi, JCIT

Section 147Section 234ASection 250

…ground that the\ncreditor could not satisfactorily explain the source of loan- Burden on the\nasssessee in such cases does not extend to prove the source of the creditor\nfrom where he made the advance to the assessee.\nAlso refer Aravali Trading Co. v/s ITO 8 DTR 199 held that once the\nexistence of the creditors is proved and such persons own the credits which\nare found in the books of the assessee, the assessee's onus stand discharged\nand the latter is not further required to prove the sources from which the\ncreditors could have acquired the money deposited with him and, therefore\nthe addition u/s 68 cann…

RITIKA GEMS PRIVATE LIMITED,MUMBAI vs. ITO-5(3)(1), MUMBAI, MUMBAI

In the result the appeal filed by the assessee is allowed for statistical purposes

ITA 4495/MUM/2025[2014-15]Status: DisposedITAT Mumbai03 Nov 2025AY 2014-15

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

Section 250Section 68

…1 IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, MUMBAI BEFORE SHRI SANDEEP GOSAIN, JUDICIAL MEMBER & SHRI PRABHASH SHANKAR, ACCOUNTANT MEMBER I.T.A. No. 4495/Mum/2025 Assessment Year: 2014-15 Ritika Gems Pvt Ltd Vs ITO – 5(3)(1) 4/DNavratna, Ld.DR. Room No. 526, Aayakar DD Sahe Marg, Opera Bhavan, MK Road, House, Mumbai Mumbai – 400020. PAN – AAECR3817M (Assessee) (Respondent) Assessee by Shri Jigar Mehta Revenue by Shri Annavaram Kosuri, Sr. AR Date of Hearing 15.09.2025 Date of Pronouncement 04.11.2025 ORDER Per: SHRI. SANDEEP GOSAIN, J.M.: The present appeal has been filed by the assessee challenging th…

RUPESH KUMAR MITTAL,JAIPUR vs. ITO WD 7(1), JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed

ITA 971/JPR/2025[2021-22]Status: DisposedITAT Jaipur30 Oct 2025AY 2021-22

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri Shailesh Mantri, C.AFor Respondent: Shri. Gautam Singh choudhary, JCIT

Section 250Section 68

…आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES,”SMC” JAIPUR Mk0 ,l- lhrky{eh] U;kf;d lnL; ,oa Jh jkBkSM+ deys'k t;UrHkkbZ] ys[kk lnL; ds le{k BEFORE: DR. S. SEETHALAKSHMI, JM & SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA. No.971/JPR/2025 fu/kZkj.k o"kZ@Assessment Years : 2021-22 Rupesh Kumar Mittal cuke The ITO, A-55, Shastri Nagar, H.O. Jaipur, Vs. Ward-7(1), Jaipur. Jaipur. LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: BAOPM2772A vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Shri Shailesh Mantri, C.A. jktLo dh vksj ls@ Reve…

INCOME TAX OFFICER, JAIPUR vs. GOLDENDUNES HEIGHTS LLP, JAIPUR

ITA 1352/JPR/2024[2018-19]Status: DisposedITAT Jaipur23 Sept 2025AY 2018-19

Bench: Him.

For Appellant: Shri Tarun Mittal, C.AFor Respondent: Shri Rajesh Ojha, CIT-DR a

Section 143(1)Section 143(3)Section 144BSection 68

…आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES,”A” JAIPUR Mk0 ,l- lhrky{eh] U;kf;d lnL; ,oa Jh jkBkSM+ deys'k t;UrHkkbZ] ys[kk lnL; ds le{k BEFORE: DR. S. SEETHALAKSHMI, JM & SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA. No. 1352/JPR/2024 fu/kZkj.k o"kZ@Assessment Years : 2018-19 cuke Income Tax Officer, Goldendunes Heights LLP Vs. Jaipur. C-6, Vashisht Marg, Hamuman Nagar Vaishali Nagar, Jaipur. LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAOFG4799C vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Shri Tarun Mittal, C.A. jktLo…

M/S STANFORD DEVELOPERS,NEEMRANA ALWAR vs. INCOME TAX OFFICER , BEHROR

In the result, the appeal filed by the assessee is partly allowed

ITA 405/JPR/2025[2018-19]Status: DisposedITAT Jaipur10 Sept 2025AY 2018-19

Bench: Him.

For Appellant: Sh. S. L. Poddar, Adv. &For Respondent: Mrs. Alka Gautam, CIT- DR a

Section 115BSection 142(1)Section 143(1)Section 143(3)Section 68

…ng channels. The Learned Assessing Officer was not justified in treating the same as unexplained. The addition made by the Learned Assessing Officer deserves to be deleted. The following case-laws are quoted in support :- (1) Aravali Trading Co Vs. ITO (2008) 8 DTR 199 (Rajasthan HC) (2) KanhaiyalalJangidVs. CIT (2008) 217 CTR 354 (Rajasthan HC) (3) CIT Vs. Jai Kumar Bakliwal (2014) 101 DTR 377 (Rajasthan HC) In the aforesaid cases, it has been held that where the transactions are through banking channels and identity of the creditors has been established and the creditor is assessed to tax, in such cases, the tr…

JAI GOPAL GOYAL,MOHALI vs. INCOME TAX OFFICER, WARD 6(1), MOHALI

In the result, Assessee’s appeal is allowed

ITA 1123/CHANDI/2024[2017-18]Status: DisposedITAT Chandigarh11 Aug 2025AY 2017-18

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 1123/Chd/2024 "नधा"रण वष" / Assessment Year : 2017-18 Jai Gopal Goyal, The Ito, बनाम C-146, Industrial Area, Ward 6(1), Phase Vii, Chandigarh Vs. Mohali, Punjab "थायी लेखा सं./Pan No: Acdpg0160G अपीलाथ"/Appellant ""यथ"/Respondent ( Physical Hearing ) "नधा"रती क" ओर से/Assessee By : Sh. Parikshit Aggarwal, Ca & Ms. Shruti Khandelwal, Advocate राज"व क" ओर से/ Revenue By : Shri Vivek Vardhan, Addl. Cit, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 04.06.2025 उदघोषणा क" तार"ख/Date Of Pronouncement : 11.08.2025 आदेश/Order Per Krinwant Sahay, Am: Appeal In This Case Has Been Filed By The Assessee Against The Order Dated 04.10.2024 Of Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi.

For Appellant: Sh. Parikshit Aggarwal, CAFor Respondent: Shri Vivek Vardhan, Addl. CIT, Sr.DR

Section 142(1)Section 143(3)Section 263Section 68

…ted documents from both these persons. In his support, the Ld. Counsel has brought it on record different case laws on this issue which are as under: -  CIT vs Burma Electro Corporation [P&H JC] 252 ITR 344 dt. 9.8.2000  Aravali Trading Co. vs ITO (Raj HC) 8 DTR 199 dt. 25.1.2007]  PCIT vs Neotech Education foundation (2023) 458 ITR 0150 (Guj.)  CIT vs Jawaharlal Oswal (382 ITR 453) (P&H HC)  DCIT vs Smt.Veena Awasthi (ITA 215/LKW/2016) [Luck. ITAT] dated 30.11.2018  M/s Choice Buildestate Pvt. Ltd vs ITO, Jaipur (ITA No. 431 & 432/JP/2016) dated 28.3.2018 1123-Chd-2024 Jai Gopal Goyal, Mohali 11  In ori…

VENKATESHWARA WIRES PVT. LTD.,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JAIPUR

In the result, the appeal of the assessee is allowed

ITA 322/JPR/2024[2018-19]Status: DisposedITAT Jaipur09 Sept 2024AY 2018-19

Bench: The Ld. Ao As Well As Before The Ld. Cit(A) As The Documents Submitted Was Only In Support Of Confirmations & Other Documents Already Submitted & No New Documents Were Submitted. 2. The Assessee Craves Your Indulgence To Add Amend Or Alter All Or Any Grounds Of Appeal Before Or At The Time Of Hearing.”

For Appellant: Sh. S. L. Poddar, AdvFor Respondent: Sh. Anoop Singh, Addl. CIT

Section 133(6)Section 142(1)Section 143(3)Section 68Section 801ASection 80I

…आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES,”B” JAIPUR Mk0 ,l- lhrky{eh] U;kf;d lnL; ,oa Jh jkBksM deys'k t;UrHkkbZ] ys[kk lnL; ds le{k BEFORE: DR. S. SEETHALAKSHMI, JM & SHRI RATHOD KAMLESH JAYANTBHAI, vk;dj vihy la-@ITA No. 322/JP/2024 fu/kZkj.k o"kZ@Assessment Year: 2018-19 cuke Venkateswara Wires Pvt Ltd., Assistant Commissioner of Vs. E-55, Road No. 5, VKI Area, Income Tax, Jaipur Jaipur LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AACCV 5085 F vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Sh. S. L. Poddar, Adv. jktLo dh vksj…

SH. BIMAL PRAKASH AGARWAL,JAIPUR vs. ITO, WARD-6(1), JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed

ITA 657/JPR/2024[2013-14]Status: DisposedITAT Jaipur10 Jul 2024AY 2013-14

Bench: SHRI SANDEEP GOSAIN (Judicial Member)

For Appellant: Shri P.C. Parwal, CAFor Respondent: Mrs. Monisha Choudhary, Addl. CIT-DR

Section 68

…आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES,”SMC’’ JAIPUR Jh lanhi xkslkbZ] U;kf;d lnL; ds le{k BEFORE: Hon’ble SHRI SANDEEP GOSAIN, JUDICIAL MEMBER vk;dj vihy la-@ITA No. 657/JP/2024 fu/kZkj.k o"kZ@Assessment Year : 2013-14 cuke Shri Bimal Prakash Agarwal The ITO Vs. N-652, Shive Nagar, Malviya Nagar Ward – 6(1) Jaipur Jaipur LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: ADNPA 3293 R vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@Assessee by : Shri P.C. Parwal, CA jktLo dh vksj ls@Revenue by: Mrs. Monisha Choudhary, Addl. CIT-DR lquokbZ dh rkjh[k@…

CHORDIA SAFEDEPOSIT AND VAULTS PRIVATE LTD ,JAIPUR vs. INCOME TAX OFFICER WARD 1(1), JAIPUR

In the result, appeal by the assessee is allowed

ITA 509/JPR/2023[2013-2014]Status: DisposedITAT Jaipur17 Jan 2024AY 2013-2014

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri Saurav Harsh, AdvocateFor Respondent: Mrs. Monisha Choudhary, Addl. CIT

Section 142(1)Section 143(1)

…आयकरअपीलीय अधिकरण] जयपुरन्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES,”SMC” JAIPUR Jhlanhi xkslkbZ]U;kf;d lnL; ,o aJhjkBksM deys'k t;UrHkkbZ] ys[kk lnL; ds le{k BEFORE: SHRI SANDEEP GOSAIN, JM & SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;djvihy la-@ITA No. 509/JP/2023 fu/kZkj.ko"kZ@AssessmentYear : 2013-14 cuke Chordia Safe deposit and Vaults Pvt Ltd. ITO 1632, Chordia Bhawan, Sonthli Walon Ka Vs. Ward 7(2) Rasta, SMS Highway, Jaipur Jaipur LFkk;hys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAACC 7511 K vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@Assessee by : Shri Saurav Harsh, Advoc…

GAYATRI DEVI,JAIPUR vs. PCIT(CENTRAL), JAIPUR

In the result, this appeal of the assessee is allowed

ITA 405/JPR/2022[2019-20]Status: DisposedITAT Jaipur20 Sept 2023AY 2019-20

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri Mahendra Gargieya Advocate &For Respondent: Shri Ajay Malik, CIT-DR

Section 127Section 133ASection 143(1)Section 143(2)Section 143(3)Section 263

…o advancement money to appellant was not a matter which the appellant could be required to establish and that would amount to calling upon him to establish the source of source. Hence addition cannot be sustained.” 3.2.2 In Aravalli Trading Co. v/s ITO (2008) 8 DTR 199 (Raj) .) (DPB 12-16) held that: “Once the existence of the creditors is proved and such persons own the credits which are found in the books of the appellant, the appellant’s onus stand discharged and the latter is not further required to prove the sources from which the creditors could have acquired the money deposited with him and, therefore the…

JAGAT SINGH RATHORE,TONK vs. ITO WD 7(2), , JAIPUR

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 139/JPR/2023[2014-15]Status: DisposedITAT Jaipur18 Sept 2023AY 2014-15

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri Mahendra Gargieya, AdvFor Respondent: Ms. Monisha Choudhary, Addl. CITa

Section 142(1)Section 143(2)Section 143(3)Section 234ASection 68

…o advancement money to appellant was not a matter which the appellant could be required to establish and that would amount to calling upon him to establish the source of source. Hence addition cannot be sustained.” 4.1.2 In Aravalli Trading Co. v/s ITO (2008) 8 DTR 199 (Raj) (DPB 1-5) held that: “Once the existence of the creditors is proved and such persons own the credits which are found in the books of the appellant, the appellant’s onus stand discharged and the latter is not further required to prove the sources from which the creditors could have acquired the money deposited with him and, therefore the addit…

EKTA GARG,GHAZIABAD vs. ITO, WARD-1(2), GHAZIABAD

In the result, the appeal of the assessee is allowed

ITA 2685/DEL/2019[2015-16]Status: DisposedITAT Delhi17 Aug 2023AY 2015-16

For Appellant: Shri Gaurav Bansal, CA

Section 68

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: B: NEW DELHI BEFORE SHRI CHANDRA MOHAN GARG, JUDICIAL MEMBER AND SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER Assessment Year: 2015-16 Ekta Garg, ITO, Ward 1(2), Ghaziabad R/o KF 14 Kavi Nagar, Ghaziabad, UP 201002 vs. PAN ACSPG 3497 R (Appellant) (Respondent) For Assessee : Shri Gaurav Bansal, CA Revenue For : Shri N.K. Bansal, Sr. DR Date of Hearing : 20.06.2023 Date of Pronouncement : 17.08.2023 ORDER PER CHANDRA MOHAN GARG, J.M. This appeal has been filed against the order of ld. CIT(A) Ghaziabad dated 31.01.2019 for AY 2015-16. 2. Although the assessee taken a…

M/S. PUNJAB IRON & STEEL COMPANY LIMITED,JALANDHAR vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1, JALANDHAR

In the result, the appeal of the assesse is allowed

ITA 75/ASR/2023[2008-09]Status: DisposedITAT Amritsar03 Aug 2023AY 2008-09

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

For Appellant: NoneFor Respondent: Sh. S. R. Kaushik, CIT DR

Section 153ASection 68

…or, filed her PAN No. and affidavit and copy of bank account in which the amount has been received by the assessee. Assessee having complied with its onus, should not be punished for failure of the AO. Reliance is being placed on: Aravali Trading Co. vs. ITO 8 DTR 199 (Raj): "20. This principle is fully applicable to the present case. The fact that the explanation furnished by the aforementioned four creditors about the source wherefrom they acquired the money was not acceptable by the revenue could not provide necessary nexus for drawing inference that the amount admitted to be deposited by these four persons b…

SAMPAT LAL LODHA ,NATHDWARA vs. ITO, WARD-2, RAJSAMAND

In the result, both appeals of the assessee are allowed

ITA 2/JODH/2022[2011-12]Status: DisposedITAT Jodhpur02 Aug 2023AY 2011-12

Section 143(1)Section 147Section 68

…IN THE INCOME TAX APPELLATE TRIBUNAL JODHPUR BENCH, JODHPUR VIRTUAL HEARING BEFORE: DR. S. SEETHALAKSHMI, JM & SHRI RATHOD KAMLESH JAYANTBHAI, AM ITA Nos. 1 & 2/Jodh/2022 (ASSESSMENT YEAR- 2010-11 & 2011-12) Sampat Lal Lodha Vs Income Tax Gandhi Road, Officer, Nathdwara Ward-02, Rajsamand (Appellant) (Respondent) PAN NO. AATPL 6272 A Assessee By Sh. Mukul Moondra, C.A. Revenue By Sh. S. M. Joshi, JCIT-DR Date of hearing 04/07/2023 Date of 02/08/2023 Pronouncement O R D E R PER: RATHOD KAMLESH JAYANTBHAI, AM These are two appeals filed by the assessee and is directed against the order of the National Face…

SAMPAT LAL LODHA ,NATHDWARA vs. ITO, WARD-2, RAJSAMAND

In the result, both appeals of the assessee are allowed

ITA 1/JODH/2022[2010-11]Status: DisposedITAT Jodhpur02 Aug 2023AY 2010-11

Section 143(1)Section 147Section 68

DINESH KUMAR CHAURASIA, TONK vs. PCIT CENTRAL, JAIPUR, JAIPUR

In the result, appeal of the assessee is dismissed

ITA 102/JPR/2023[2018-19]Status: DisposedITAT Jaipur17 Jul 2023AY 2018-19

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Sh. Mahendra Gargieya (Adv.)For Respondent: Sh. Ajey Malik (CIT)

Section 143(3)Section 263Section 5

…o advancement money to appellant was not a matter which the appellant could be required to establish and that would amount to calling upon him to establish the source of source. Hence addition cannot be sustained.” 3.2.2 In Aravalli Trading Co. v/s ITO (2008) 8 DTR 199 (Raj) .) (DPB 12-16) held that: 13 Dinesh Kumar Chaurasia vs. PCIT “Once the existence of the creditors is proved and such persons own the credits which are found in the books of the appellant, the appellant’s onus stand discharged and the latter is not further required to prove the sources from which the creditors could have acquired the money d…

PARSHAVNATH BUILDERS ,JAIPUR vs. PCIT, UDAIPUR

In the result, the appeal of the assessee is dismissed

ITA 284/JPR/2022[2017-18]Status: DisposedITAT Jaipur20 Jun 2023AY 2017-18

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri MahendraGargieya ,Adv. &For Respondent: Shri James Kurian, CIT

Section 143(3)Section 263

…to advancement money to appellant was not a matter which the appellant could be required to establish and that would amount to calling upon him to establish the source of source. Hence addition cannot be sustained.” 3.3.2 In Aravali Trading Co. v/s ITO (2008) 8 DTR 199 (Raj) (DPB 1-5) held that: “Once the existence of the creditors is proved and such persons own the credits which are found in the books of the appellant, the appellant’s onus stand discharged and the latter is not further required to prove the sources from which the creditors could have acquired the money deposited with him and, therefore the addit…

DCIT, CIRCLE, BHILWARA vs. SHRI PRAHALAD RAI RATHI, BHILWARA

In the result, the appeal of the Revenue is dismissed

ITA 282/JODH/2018[2015-16]Status: DisposedITAT Jodhpur13 Apr 2023AY 2015-16

Bench: Shri B. R. Baskaran & Dr. S. Seethalakshmithe Dcit Vs Shri Prahalad Rai Rathi Circle Prop: M/S.Kedar Mal Radhey Shyam, Bhiwlara Sadar Bazar, Gulabpura, Bhilwara (Appellant) (Respondent) Pan No. Adxpr 0949 R

Section 68Section 69C

…ssessee” Accordingly, the assessee fully discharged onus cast upon it. Suspicion howsoever strong cannot take the place of reality as held in the case of Dhakeshwari cotton Mills (1954) 26 ITR 775 (SC). 4. Supporting case laws: 4.1 Aravali Trading Co. v/s ITO 8 DTR 199 (Raj.) held that once the existence of the creditors is proved and such persons own the credits which are found in the books of the assessee, the assessee's onus stand discharged and the latter is not further required to prove the sources from which the creditors could have acquired the money deposited with him and, therefore the addition u/s 68 ca…

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