How many judgments cite CIT v. Bhaichand H. Gandhi?

237 judgments on BharatTax cite CIT v. Bhaichand H. Gandhi (141 ITR 67), spanning 2015 to 2026.

Which sections of the Income Tax Act does CIT v. Bhaichand H. Gandhi come up under?

It is most often cited in judgments turning on Section 68, Section 143(3), Section 1961, Section 147, Section 148, Section 250.

CIT v. Bhaichand H. Gandhi

141 ITR 67High Court1983#370 most cited

What is CIT v. Bhaichand H. Gandhi authority for?

Section 68 of the Income Tax Act cannot be invoked for additions of cash credits found solely in a bank passbook, as a passbook maintained by the bank is not considered a 'book of the assessee' for the purpose of this section, especially when the assessee does not maintain their own books of account.

237

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2015 to 2026.

Also referred to as

CIT v. Bhaichand H. Gandhi · 141 ITR 67 · section 68 · unexplained cash credit · bank passbook · books of account · assessee's books · applicability of Section 68 · no books of account · cash credit in bank account

Also reported as

11 Taxmann 5919 SOT 460

Sections most often in play

Section 68 Section 143(3)Section 1961 Section 147 Section 148 Section 250 Section 115BBE Section 131

Issues it is cited on

section 2(12a)addition under section 68 addition u/s 68 unexplained cash credit section 68 change of opinion section 131 genuineness of the transaction section 145 limited scrutiny agricultural income section 115bb

Judgments citing CIT v. Bhaichand H. Gandhi

Smt.Manjushree, Bangalore vs. Income Tax Officer, Bangalore

In the result, appeal of the Revenue and Cross Objection of the assessee are dismissed

ITA 374/BANG/2017[2011-12]Status: DisposedITAT Bangalore28 Apr 2017AY 2011-12

Bench: Shri Vijay Pal Rao

For Appellant: Shri P. Dinesh, AdvocateFor Respondent: Shri AR.V.Sreenivasan, JCIT (D.R)

Section 68

…spute that this is a transaction of deposit in the bank therefore the issue of applicability of Section 68 arises in view of the various decisions of this Tribunal as well as the decision of Hon'ble Bombay High Court in the case of CIT Vs. Bhaichand N Gandhi 141 ITR 67. The co- ordinate bench of this Tribunal vide order dt.8.9.2016 in the case of Mrs. Farah Kausar Vs. ITO (supra) after considering a series of decisions on this point has held in paras 10 to 12 as under : “10. We have heard both parties. 10.1 In the present case the Assessing Officer/CIT (Appeals) has acted merely on suspicion and assumption,…

Smt.Asha Surendra Kumar, Bangalore vs. Income Tax Officer, Bangalore

In the result, appeal of the Revenue and Cross Objection of the assessee are dismissed

ITA 343/BANG/2017[2009-2010]Status: DisposedITAT Bangalore28 Apr 2017AY 2009-2010

Bench: Shri Vijay Pal Rao

For Appellant: Shri P. Dinesh, AdvocateFor Respondent: Shri AR.V.Sreenivasan, JCIT (D.R)

Section 254(2)Section 68

…spute that this is a transaction of deposit in the bank therefore the issue of applicability of Section 68 arises in view of the various decisions of this Tribunal as well as the decision of Hon'ble Bombay High Court in the case of CIT Vs. Bhaichand N Gandhi 141 ITR 67. The co- ordinate bench of this Tribunal dt. 8.9.2016 in the case of Mrs. Farah Kausar Vs. ITO (supra) after considering a series of decisions on this point has held in paras 10 to 12 as under : “10. We have heard both parties. 10.1 In the present case the Assessing Officer/CIT (Appeals) has acted merely on suspicion and assumption, there was…

V.Rajendrababu, Chennai vs. ITO, Chennai

In the result, appeal of the assessee stands dismissed

ITA 141/CHNY/2017[2009-2010]Status: DisposedITAT Chennai27 Apr 2017AY 2009-2010

Bench: Shri Abraham P. George]

For Appellant: Shri. K. Meenakshi Sundaram, ITPFor Respondent: Shri. Murali Mohan, JCIT

Section 68

…unless and until the credits appeared in the books of accounts, an addition could not be made u/s. 68 of the Act. Reliance was placed on the following judgments. 1. Smt. Shantha Devi vs. CIT (1988) 171 ITR 532 (P & H) 2. CIT vs. Bhaichand H. Gandhi (1983) 141 ITR 67 (Bom) 3. Anand Ram Raithani vs. CIT ( 1997) 223 ITR 544 (Guj) Per contra, ld. Departmental Representative submitted that 5. despite summons, concerned creditors did not appear before ld. Assessing Officer. According to him, a number of opportunities were :- 4 -: granted to the assessee to bring the creditors but assessee had failed to bring th…

Madhuriben Vyas (Decd), Mumbai vs. ITO 23(2)(3), Mumbai

The appeal of the assessee is allowed

ITA 727/MUM/2013[2006-07]Status: DisposedITAT Mumbai07 Apr 2017AY 2006-07

Bench: Shri D. Karunakara Rao, Am & Shri Ravish Sood, Jm

For Appellant: Shri Narayan AtalFor Respondent: Ms. Pooja Swaroop

Section 143(3)Section 147Section 148Section 68

…tself the same was liable to be vacated. The ld. A.R in order to drive home his aforesaid contention therein relied on a host of judicial pronouncements including that of the Hon’ble Jurisdictional High Court in the case of CIT Vs. Bhai Chand N. Gandhi (1983) 141 ITR 67 (Bom). Thus in the backdrop of his aforesaid submissions it was averred by the ld. A.R that now when the addition of Rs.10,53,000/- made by the A.O under Sec. 68 did not fall within the four corners of the additions which could be made under the said statutory provision, therefore the P a g e | 8 same being absolutely devoid of any force of law,…

Goutam Das, Howrah vs. DCIT, Cir-48, Kolkata

In the result, the appeal of the assessee in ITA No

ITA 1235/KOL/2012[2007-08]Status: DisposedITAT Kolkata08 Mar 2017AY 2007-08

Bench: Shri M. Balaganesh, Am & Shri Partha Sarathi Chaudhury, Jm]

For Appellant: Shri soumitra Choudhury, AdvocateFor Respondent: N o n e

Section 143(3)Section 68

…roposition, the assessee placed reliance on the following decisions :- Hon’ble Gauhati High Court in the case of Anandram Raitani vs CIT reported in (1997) 223 ITR 544 (Gau) Hon’ble Bombay High Court in the case of CIT vs Bhaichand H Gandhi reported in (1983) 141 ITR 67 (Bom) Hon’ble Madras High Court in the case of CIT vs Taj Borewells reported in (2008) 202 Taxman 413 (Mad). Apart from the above, the assessee reiterated the submissions made before the ld AO that the entire cash deposits are met out of previous cash withdrawals and available surplus cash in the business of the assessee and that the entire trans…

Goutam Das, Howrah vs. DCIT, Cir-48, Kolkata

In the result, the appeal of the assessee in ITA No

ITA 1209/KOL/2012[2006-07]Status: DisposedITAT Kolkata08 Mar 2017AY 2006-07

Bench: Shri M. Balaganesh, Am & Shri Partha Sarathi Chaudhury, Jm]

For Appellant: Shri soumitra Choudhury, AdvocateFor Respondent: N o n e

Section 143(3)Section 68

Rinku Shah, Mumbai vs. ITO 15(1)(4), Mumbai

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

ITA 4311/MUM/2014[2005-06]Status: DisposedITAT Mumbai31 Jan 2017AY 2005-06

Bench: Shri B.R. Baskaran (Am) & Shri Ravish Sood(Jm)

Section 133ASection 148Section 68

…also family friends and these were credited to his bank account. In the absence of books of account for the minor and an entry in those books of account no addition can be made as held by the Hon’ble Bombay High Court in the case of CIT v. Bhaichand V Gandhi 141 ITR 67 (Bom.). 6.6. The gift not being from the strangers and as there is evidence filed which is not controverted the ratio of the decisions relied upon by the CIT(A) cannot be applied to the facts of this case. In fact to meet such a situation only section 56(2)(v) was introduced in the Act by the Finance Act, 2005 with effect from 01.04.2005 for gift…

Bimal Chandra Hazra, Kolkata vs. ITO, WD-52(2), Kolkata

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

ITA 834/KOL/2014[2006-2007]Status: DisposedITAT Kolkata05 Dec 2016AY 2006-2007

Bench: Shri K. Narasimha Chary, Jm & Dr. A.L.Saini, Am आयकर अपील सं./Ita No.834/Kol/2014 ("नधा"रण वष" / Assessment Year :2006-07) Shri Bimal Chandra Hazra Vs. Income Tax Officer, Ward - C/O P.K.Mathur, Advocate, 1 52(2) Aayakar Bhavan, Meredith Street, Kolkata- Dakshin, 2 Gariahat Road, 700072 Kolkata-700072 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Abcph 5382F .. (अपीलाथ" /Appellant) (""यथ" / Respondent) राज"व क" ओर से /Revenue By : S.M. Surana, Advocate "नधा"रती क" ओर से /Assessee By : Shri Banibra Dutta, Addl.Cit सुनवाई क" तार"ख / Date Of Hearing : 19/10/2016 घोषणा क" तार"ख/Date Of Pronouncement 05/12/2016 आदेश / O R D E R Per Dr.Arjun Lal Saini, Am: The Captioned Appeal Filed By The Assessee Pertaining To The Assessment Year 2006-2007, Is Directed Against The Order Passed By Ld. Commissioner Of Income Tax (Appeals)-Xxxiii, Kolkata In Appeal No.123/Cit(A)-Xxxiii/Ito Ward/52(2)/Kol/09-10, Dated 16.01.2014, Which In Turn Arises Out Of An Order Passed By The Assessing Officer U/S.143(3) Of The Income Tax Act (In Short The ‘Act’), Dated 30.12.2008. 2. Brief Facts Of The Case Qua The Assessee Are That The Assessee Made Cash Deposit Of Rs. 35,50,000/- In His Bank Account With The Hongkong & Shanghai Banking Corporation Limited, Ultandanga Branch, Kolkata On Various Dates During The Financial Year 2005-06. The Authorised Representative (Ar) Of The Assessee Appeared Before The Assessing Officer & Submitted His Explanation Through Letter Dated 27- 12-2008 Stating That The Following Amounts Were Deposited In Cash In His

For Appellant: Shri Banibra Dutta, Addl.CITFor Respondent: S.M. Surana, Advocate

Section 143(3)Section 68

…of the individual partner. We are in respectful agreement with the decision and conclusion arrived at by the Punjab and Haryana High Court. In view of the above, we answer the question in negative i.e. in favour of the assessee and against the Revenue.” (5) 141 ITR 67 (Bom-HC) CIT, Poona Vs. Bhaichand H Gandhi “In view of this, the Tribunal was, with respect, justified in holding that the passbook supplied by the bank to the assessee in the present case could not be regarded as a books of the assessee, that is, a book maintained by the assessee or under his instructions. In our view, the Tribunal was justified…

Lokesh Chandrappa, Bangalore vs. ITO, Bangalore

In the result, the appeal of the assessee is partly allowed

ITA 1254/BANG/2015[2009-10]Status: DisposedITAT Bangalore09 Nov 2016AY 2009-10

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

For Appellant: Shri B.S. Balachandran, AdvocateFor Respondent: Shri M.K. Biju, Addl. CIT (D.R)

Section 68

…IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH ‘ C ’ BEFORE SHRI VIJAY PAL RAO, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER I.T. A. No.1254/Bang/2015 (Assessment Year : 2009-10) Sri Lokesh Chandrappa, No.138, Ganigarapalya, Thalathattapura, Kanakapura Main Road, Banashankari, Bangalore-560 062. …. Appellant. PAN AFWPC 6561P Vs. Income Tax Officer, Ward 3(2)(4), Bangalore. ….. Respondent. Appellant By : Shri B.S. Balachandran, Advocate. Respondent By : Shri M.K. Biju, Addl. CIT (D.R) Date of Hearing : 27.10.2016. Date of Pronouncement : 9.11.2016. O R D E R Per Shri Vijay Pal Rao, J.…

Ashok V. Gokani, Mumbai vs. ITO WD 25(3)(3), Mumbai

In the result, appeal of the assessee is allowed

ITA 4486/MUM/2015[2008-09]Status: DisposedITAT Mumbai30 Sept 2016AY 2008-09

Bench: Shri Sanjay Garg () & Shri Ashwani Taneja ()

Section 271(1)(c)Section 68

…ound credited in the bank and the bank statement cannot be construed as book of the assessee. The Ld. Counsel relied upon the decision of Lucknow Bench of ITAT 143 ITD 686 and on the decision of the jurisdictional High Court in the case of Bhaichand H. Gandhi 141 ITR 67. 4 I.T.A. No.4486/Mum/2015 2) Only peak credit should have been added which was on September, 2007 at Rs. 1,61,074/- 3) The assessee should also get the benefit of cash sales amounting to Rs. 3,48,400/-. 4) Since the assessee is a trader and the deposits and withdrawals in the said bank account relate to the trading business of the assessee only g…

Roopak Jain, Delhi vs. ITO, New Delhi

In the result, the appeal of the assessee is allowed

ITA 5592/DEL/2015[2011-12]Status: DisposedITAT Delhi30 Aug 2016AY 2011-12

Bench: Shri J. Sudhakar Reddyassessment Year : 2011-12

For Appellant: Shri Rajkumar Gupta &For Respondent: Shri Rajesh Kumar, Sr. DR

Section 143(3)Section 68Section 68dSection 69

…that admittedly, the assessee does not maintain any books of account. Under these circumstances, no addition can be made u/s 68 of the Act as held in the following case laws:- i) The Hon’ble Bombay High Court in the case of CIT, Pune vs. Bhaichand H Gandhi 141 ITR 67, held as follows:- “Income-Cash Credit-Bank Pass book is not a book maintained by assessee or under his instructions – cash credit for previous year shown in assessee’s bank pass book – not shown in cash book of assessee for that year – cannot be treated as income of that previous year – I.T.Act, 1961 Sec.68. When moneys are deposited in a bank th…

Sh. Narendra Kumar Sharma, Ghaziabad vs. ITO, Ghaziabad

In the result, the appeal filed by the Assessee stands allowed

ITA 7028/DEL/2014[2008-09]Status: DisposedITAT Delhi08 Aug 2016AY 2008-09

Bench: Shri H.S. Sidhu & Shri O.P. Kant

For Appellant: Sh. Rajam Bhatia, AdvFor Respondent: Sh. Surender Pal, Sr. DR

Section 271(1)(c)

…ot maintain books of accounts. Thus technically the addition cannot be made u/s 68 of the Act and entries in bank pass book cannot be considered as entry in the books of accounts. The Hon’ble Bombay High Court in the case of CIT, Pune vs. Bhaichand H Gandhi 141 ITR 67, held as follows. 5 “Income-Cash Credit-Bank Pass book is not a book maintained by assessee or under his instructions – cash credit for previous year shown in assessee’s bank pass book – not shown in cash book of assessee for that year – cannot be treated as income of that previous year – I.T. Act, 1961 Sec.68. When moneys are deposited in a bank…

Gurpreet Singh Sarna, New Delhi vs. ITO, New Delhi

In the result, the Appeal filed by the Assessee stands allowed for statistical

ITA 1593/DEL/2014[2009-10]Status: DisposedITAT Delhi03 Mar 2016AY 2009-10

Bench: Shri H.S. Sidhu & Shri Prashant Maharishi

For Appellant: Sh. S.C. Singhal, CAFor Respondent: Sh. T. Vasanthan, Sr. DR

Section 44ASection 68Section 69Section 69C

…Provisions of section 68 are not applicable in a case where books are not kept by the assessee. Language of sec 68 says "sum found credited in the books of an assessee." Bank statement/pass book is not the books of assessee - CIT vs Bhaichand H. Gandhi (1983) 141 ITR 67 (Bom). 2. The total deposits in bank a/c as per order are Rs 13,15,750 whereas sales of the appellant is Rs 35,08,000 all in cash. So the deposits in bank alc are from cash sales which are quite reasonable. The learned ITO/CIT(A) failed to take note of the fact when there is a sale, there will be corresponding purchases also to the tune of Rs 33…

Narender Kumar Sharma, Ghaziabad vs. ITO, Ghaziabad

In the result, the appeal of the assessee is allowed

ITA 6383/DEL/2012[2008-09]Status: DisposedITAT Delhi09 Feb 2016AY 2008-09

Bench: Shri J. Sudhakar Reddy & Shri Sudhanshu Srivastavaay: 2008-09 Sh. Narendra Kumar Sharma Vs. Ito, Ward 1(4) M 219, Sector 12 Ghaziabad Pratap Vihar Ghaziabad

For Appellant: Sh. Rajan Bhatia, AdvFor Respondent: Sh. Dam Kanunjna, Sr.D.R

Section 143(2)Section 143(3)Section 147Section 148Section 68

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘E’, NEW DELHI BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER AND SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER AY: 2008-09 Sh. Narendra Kumar Sharma vs. ITO, Ward 1(4) M 219, Sector 12 Ghaziabad Pratap Vihar Ghaziabad PAN: CCIPS 5356 R (Appellant) (Respondent) Appellant by : Sh. Rajan Bhatia, Adv. Respondent by : Sh. Dam Kanunjna, Sr.D.R ORDER PER J.SUDHAKAR REDDY, ACCOUNTANT MEMBER This is an appeal filed by the Assessee directed against the order of the Ld.Commissioner of Income Tax (Appeals), Ghaziabad dated 04.10.2012 pertaining to the Assessment Year…

Ashutosh Garg, New Delhi vs. ACIT, New Delhi

In the result, appeal of the assessee is allowed

ITA 5642/DEL/2012[2003-04]Status: DisposedITAT Delhi30 Oct 2015AY 2003-04

Bench: Shri Chandra Mohan Garg & Shri L.P. Sahu

For Appellant: Shri Sanjay Sood, CAFor Respondent: Shri K.K. Jaiswal, DR

Section 143(2)

…ct could not be made as per provisions of the Act. Ld. AR also placed reliance on the order of ITAT ‘A’ Bench Delhi in the case of Ms Mayawati vs DCIT (2008) 19 SOT 460 (Delhi) and order of Hon’ble Bombay High Court in the case of CIT vs Bhaichand N. Gandhi 141 ITR 67 (Bom) and submitted that the passbook or bank statement supplied by the bank to the assessee cannot be regarded as a cash book or accounts maintained by the assessee or under his instruction and thus the same does not fall within the ambit of section 68. 9. Replying to the above, ld. DR supported the action of the Assessing Officer and submitted…

Harmeet Singh Sablok, Mumbai vs. ITO WD 19(2)(3), Mumbai

In the result, appeal file by the assessee is treated as partly allowed

ITA 1468/MUM/2015[2008-09]Status: DisposedITAT Mumbai12 Oct 2015AY 2008-09

Bench: Shri D. Manmohanshri Harmeet Singh Sablok Income Tax Officer-19(2)(3) A/24, Queens Park Premises Piramal Chambers Vs. Chs Ltd., Juhu, Santacruz (W) Lalbaug, Mumbai 400012 Mumbai 400049 Pan - Airps3621D Appellant Respondent

For Appellant: Shri S.S. PhadkarFor Respondent: Shri Jeevan Lal Lavidiya

Section 133(6)Section 143(3)Section 44ASection 68Section 69A

…hat the assessee’s explanation is not convincing. He therefore confirmed the addition made by the AO, though under section 69A of the Act, by observing as under: - “I, however find that the Hon'ble Bombay High Court in the case of CIT vs. Bhaichand N. Gandhi 141 ITR 67 has held that the pass books is maintained by the bank, neither as an agent of the constituent, nor under the instructions of the constituent, hence the passbook cannot be regarded as book maintained by the assessee. I find that since for addition u/s 68, the unexplained credit should essentially be found in the books of accounts of the assessee,…

S R Rajendra Kumar, Bangalore vs. Income Tax Officer, Ward 4(4), Bangalore

In the result, appeal of the assessee stands dismissed

ITA 1092/BANG/2014[2008-09]Status: DisposedITAT Bangalore30 Sept 2015AY 2008-09

Bench: Shri. N. V. Vasudevan & Shri. Abraham P. George

For Appellant: Shri. T. V. Subramanya Bhat, CAFor Respondent: Shri. Kaleemulla Khan, Addl. CIT

Section 143(3)Section 263Section 68

…oks of account and hence Section 68 could not be attracted. Reliance was placed on judgment of Hon’ble Punjab & Haryana High Court in the case of Shanta Devi v. CIT (171 ITR 532) and that of Hon’ble Bombay High Court in the case of CIT v. Bhaichand H. Gandhi (141 ITR 67). 06. Per contra, Ld. DR strongly supported the order of lower authorities. ITA.1092/Bang/2014 Page - 4 07. We have perused the orders and heard the rival contentions. Sole ground taken by the assessee is that Section 68 would not be attracted since bank pass book could be considered as books of account maintained by an assessee. No doubt in th…