CIT v. Jai Kumar

267 CTR 396Reported decision2014#9611 most cited

What is CIT v. Jai Kumar authority for?

Additions under Section 68 for share application money are bad in law if the Assessing Officer merely holds credits to be not genuine without contrary facts, especially when creditors are unrelated to the assessee and their genuineness is supported by documentation.

11

judgments rely on this decision, according to BharatTax’s citation analysis of 366,315 Indian tax judgments — from 2016 to 2025.

Also referred to as

CIT v. Jai Kumar · Section 68 · share application money · unexplained credits · genuineness of creditors · addition under section 68 · addition on credits · unsecured loans · disallowance of interest · Rajasthan High Court

Issues it is cited on

Judgments citing CIT v. Jai Kumar

Telmos Electronics, Haryana vs. ITO Ward-5, Hisar

In the result, the appeal of the assessee is dismissed

ITA 2807/DEL/2019[2015-16]Status: DisposedITAT Delhi31 Oct 2023AY 2015-16

Bench: Shri Kul Bharat & Shri M.Balaganesh[Assessment Years : 2015-16] Telmos Electronics, Vs Ito, Jindal Chowk, Model Town, Hisar, Ward-5, Haryana-125005. Hisar. Pan-Aacft1673L Appellant Respondent [Assessment Year: 2010-11] Telmos Electronics, Vs Jcit, Jindal Chowk, Model Town, Hisar, Hisar. Haryana-125005. Pan-Aacft1673L Appellant Respondent Appellant By None Respondent By Shri Anuj Garg, Sr.Dr Date Of Hearing 17.10.2023 Date Of Pronouncement 31.10.2023 Order Per Kul Bharat, Jm : Both Appeals Filed By The Assessee Against The Separate Orders Of Ld.Cit(A), Hisar Both Dated 31.12.2018 For The Assessment Years 2015-16 & 2010-11. The Appeals Are Taken Up Together For Hearing & Are Being Disposed Off By Way Of Consolidated Order For The Sake Of Brevity & Convenience.

Section 40A(3)Section 68

…partners, particularly all the creditors were of different cast and creed and in no way related to the appellant assessee, being under employment in the past or present cannot be deemed as relation, as such finding being perverse beyond any cognizance. (2014) 267 CTR 396 Raj. 7. On Disallowance of interest of Rs. 73767/- as interest accrued/paid on aforesaid credits (On ground No. 6 of appeal) That the A.O. below was further wrong in disallowing the accrued interest paid/payable in account of the above said creditors on their respective credits by merely holding the credits not to being genuine, though contrary…

Telmos Electronics, Haryana vs. JCIT, Hisar

In the result, the appeal of the assessee is dismissed

ITA 2655/DEL/2019[2010-11]Status: DisposedITAT Delhi31 Oct 2023AY 2010-11

Bench: Shri Kul Bharat & Shri M.Balaganesh[Assessment Years : 2015-16] Telmos Electronics, Vs Ito, Jindal Chowk, Model Town, Hisar, Ward-5, Haryana-125005. Hisar. Pan-Aacft1673L Appellant Respondent [Assessment Year: 2010-11] Telmos Electronics, Vs Jcit, Jindal Chowk, Model Town, Hisar, Hisar. Haryana-125005. Pan-Aacft1673L Appellant Respondent Appellant By None Respondent By Shri Anuj Garg, Sr.Dr Date Of Hearing 17.10.2023 Date Of Pronouncement 31.10.2023 Order Per Kul Bharat, Jm : Both Appeals Filed By The Assessee Against The Separate Orders Of Ld.Cit(A), Hisar Both Dated 31.12.2018 For The Assessment Years 2015-16 & 2010-11. The Appeals Are Taken Up Together For Hearing & Are Being Disposed Off By Way Of Consolidated Order For The Sake Of Brevity & Convenience.

Section 40A(3)Section 68

…partners, particularly all the creditors were of different cast and creed and in no way related to the appellant assessee, being under employment in the past or present cannot be deemed as relation, as such finding being perverse beyond any cognizance. (2014) 267 CTR 396 Raj. 7. On Disallowance of interest of Rs. 73767/- as interest accrued/paid on aforesaid credits (On ground No. 6 of appeal) That the A.O. below was further wrong in disallowing the accrued interest paid/payable in account of the above said creditors on their respective credits by merely holding the credits not to being genuine, though contrary…

CIT v. Jai Kumar (267 CTR 396) — Cited in 11 Judgments | BharatTax