CIT v. Kulwant Rai

291 ITR 36High Court2007#713 most cited

What is CIT v. Kulwant Rai authority for?

An assessee can explain cash deposits, including those in bank accounts, by demonstrating sufficient cash balance as per their books of account or from previous cash withdrawals. If the explanation is substantiated and the revenue cannot prove otherwise, the source of deposits is deemed proved, precluding additions under Section 68.

142

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. Kulwant Rai · Section 68 · Section 115BBE · cash deposits explanation · source of cash deposits · cash book · previous cash withdrawals · unexplained money · onus of proof · Delhi High Court

Also reported as

163 Taxmann 585210 CTR 380

Issues it is cited on

Judgments citing CIT v. Kulwant Rai

Sahanur Mondal, Taki vs. ITO, Ward 49(1), Kolkata

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

ITA 2159/KOL/2025[2013-2014]Status: DisposedITAT Kolkata24 Feb 2026AY 2013-2014

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2013-14 Sahanur Mondal………….....……..………………….……….……….……Appellant Dakshin Gollachanda, P.O Taki, Sankchura, North 24 Parganas-743429.. [Pan: Bogpm8081J] Vs. Ito, Ward-49(1), Kolkata..…...……...…………………….....……...…..…..Respondent Appearances By: Shri Miraj D Shah, Ar, Appeared On Behalf Of The Appellant. Shri S B Chakraborthy, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 20, 2026 Date Of Pronouncing The Order : February 24, 2026 Order Per Pradip Kumar Choubey: This Appeal Filed By The Assessee Is Directed Against The Order Dated 14.08.2025 Of The Nfac, Delhi Passed U/S 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2013–14. 2. Brief Facts Of The Case Of The Assessee Are That The Assessee Is An Individual & Filed His Return Of Income Declaring Income Of Rs.6,38,270/-. The Assessment Of The Assessee Was Reopened U/S 148 & The Assessee Could Not File Return Of Income. The Assessing Officer Noted That The Assessee Made Cash Deposits In Two Bank Accounts Of Assessee’S Minor Children. The Assessing Officer Assessed The Total Income Of The Assessee As Under: Sahanur Mondal

Section 148Section 250

…the Assessing Officer did not take correct method of taxation, in the present case the proper method of taxation is the peak credit ratio. It is pertinent to mention here that the assessee filed the following decisions before us: (a) CIT v. Kulwant Rai (2007) 291 ITR 36 (Del.) peak credit applicable where withdrawals and deposits are interlinked 3 Sahanur Mondal (b) CIT v. S. Giridhar (2016) 385 ITR 372 (Mad.) cash rotation to be taxed on peak basis (c) CIT v. Bhaichand H. Gandhi (1983) 141 ITR 67 (Bom.) (d) ITO v. Shailesh Gandhi (ITAT Mumbai) (e) ITO v. Basant Lai Om Parkash (ITAT Amritsar) 6.1 We note that th…

Pandian Hari, Chennai vs. The Income Tax Officer, Chennai

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

ITA 2628/CHNY/2025[2023-2024]Status: DisposedITAT Chennai08 Jan 2026AY 2023-2024

Bench: Shri George George Kand Ms Padmavathy Sआयकर अपील सं./Ita No.: 2628/Chny/2025 निर्धारण वर्ष/Assessment Year: 2023-24 Shri Pandian Hari, 75/151 I Om Sri Sairam Plaza, Thambuchetty Street, Parrys, Chennai - 600 001. Pan: Acfph 7870Q (अपीलार्थी/Appellant) अपीलार्थी की ओर से/Appellant By : Dr.S. Sankar Ganesh, Advocate प्रत्यर्थी की ओर से/Respondent By : Ms. Gouthami Manivasagam, Addl.Cit सुनवाई की तारीख/Date Of Hearing : 07.01.2026 घोषणा की तारीख/Date Of Pronouncement : 08.01.2026 आदेश/Order Per George George K: This Appeal Filed By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi Dated 05.08.2025 Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called 'The Act'). The Relevant Assessment Year Is 2023-24. :- 2 -:

For Appellant: Dr.S. Sankar Ganesh, AdvocateFor Respondent: Ms. Gouthami Manivasagam
Section 143(3)Section 250Section 69A

…is contention, the Ld.AR relied on the following judicial pronouncements i. Hon'ble Supreme Court in the case of CIT vs. Smt. P.K. Noorjahan reported in (1999) 237 ITR 570 (SC) ii. Hon'ble Delhi High Court in the case of CIT vs. Kulwant Rai reported in (2007) 291 ITR 36 (Del) 6. The Ld.DR on the other hand submitted that assessee has not furnished confirmation nor the details such as PAN, etc., of the mother, wife and relatives either before the AO or the FAA. It was further submitted that the FAA has categorically held that the cash book and books of account has not been furnished to prove that the source of cas…

Dy. Commissioner of Income Tax, Noida vs. M/S Rudra Buildwell Homes Pvt. Ltd, Delhi

ITA 602/DEL/2025[2016]Status: DisposedITAT Delhi29 Aug 2025

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwalassessment Year: 2016-17 Vs. M/S. Rudra Buildwell Homes Dcit, Central Circle-I, Noida Pvt. Ltd., 53, Okhla Phase, Delhi Pan: Aafcr6959P (Appellant) (Respondent) With C.O. No.106/Del/2025 [Arising Out Of Ita No.602/Del/2025] Assessment Year: 2016-17 M/S. Rudra Buildwell Vs. Dcit, Central Circle-I, Homes Pvt. Ltd., Noida A-66, Sector-63, Noida Pan: Aafcr6959P (Appellant) (Respondent) Assessee By Sh. Rohit Kapoor, Adv. Sh. Veersen Agarwal, Itp Department By Sh. Rajesh Chandra, Cit(Dr) Date Of Hearing 12.08.2025 Date Of Pronouncement 29.08.2025 Order Per Satbeer Singh Godara, Jm This Revenue’S Appeal Ita No.602/Del/2025 & Assessee’S Cross Objection C.O. No. 106/Del/2025 For Assessment Year 2016-

Section 143(3)Section 148Section 148ASection 151Section 151(1)Section 151(2)

…IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: ‘B’ NEW DELHI BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI MANISH AGARWAL, ACCOUNTANT MEMBER Assessment Year: 2016-17 Vs. M/s. Rudra Buildwell Homes DCIT, Central Circle-I, Noida Pvt. Ltd., 53, Okhla Phase, Delhi PAN: AAFCR6959P (Appellant) (Respondent) With C.O. No.106/Del/2025 [Arising out of ITA No.602/Del/2025] Assessment Year: 2016-17 M/s. Rudra Buildwell Vs. DCIT, Central Circle-I, Homes Pvt. Ltd., Noida A-66, Sector-63, Noida PAN: AAFCR6959P (Appellant) (Respondent) Assessee by Sh. Rohit Kapoor, Adv. Sh. Veersen Agarwal, ITP Department by Sh.…

DCIT, Central Circle-4, New Delhi vs. G N International P.Ltd, New Delhi

In the result, the appeal of the revenue is dismissed

ITA 2851/DEL/2022[2017-18]Status: DisposedITAT Delhi30 Jul 2025AY 2017-18

Bench: Shri M. Balaganesh & Shri Sudhir Kumarg. N. International Pvt. Ltd, Vs. Acit, 3721/1, First Floor, Netaji Circle-10(2), Subhash Marg, Daryaganj, New Delhi New Delhi (Appellant) (Respondent) Pan:Aabcg4491K Dcit, Vs. G. N. International Pvt. Ltd, Central Circle-4, 3721/1, First Floor, Netaji New Delhi Subhash Marg, Daryaganj, New Delhi (Appellant) (Respondent) Pan:Aabcg4491K Assessee By : Shri Salil Agarwal, Sr. Adv Shri Shailesh Gupta, Ca Shri Dadhur Agarwal, Adv Revenue By: Shri Rajesh Kumar Dhanesta, Sr. Dr Ms. Neeju Gupta, Sr. Dr Date Of Hearing 25/07/2025 Date Of Pronouncement 30/07/2025

For Appellant: Shri Salil Agarwal, Sr. AdvFor Respondent: Shri Rajesh Kumar Dhanesta, Sr. DR
Section 115BSection 144Section 68

…see and that the same was not available as a cash source with the assessee as on the date of making the deposit. Reliance in this regard has been placed rightly by the decision of Hon’ble Jurisdictional High Court in the case of CIT vs Kulwant Rai reported in 291 ITR 36(Del). Since the onus has not been proved by the revenue in the instant case and assessee on its part had filed the ITA No. 2851/Del/2022 G. N. International Pvt. Ltd entire cash book for the whole year wherein it is established that the cash deposit has been met out of the cash balance available as per books, there is no scope for making any addi…

G N International P.Ltd, New Delhi vs. ACIT, Circle-10(2), New Delhi

In the result, the appeal of the revenue is dismissed

ITA 2676/DEL/2022[2017-18]Status: DisposedITAT Delhi30 Jul 2025AY 2017-18

Bench: Shri M. Balaganesh & Shri Sudhir Kumarg. N. International Pvt. Ltd, Vs. Acit, 3721/1, First Floor, Netaji Circle-10(2), Subhash Marg, Daryaganj, New Delhi New Delhi (Appellant) (Respondent) Pan:Aabcg4491K Dcit, Vs. G. N. International Pvt. Ltd, Central Circle-4, 3721/1, First Floor, Netaji New Delhi Subhash Marg, Daryaganj, New Delhi (Appellant) (Respondent) Pan:Aabcg4491K Assessee By : Shri Salil Agarwal, Sr. Adv Shri Shailesh Gupta, Ca Shri Dadhur Agarwal, Adv Revenue By: Shri Rajesh Kumar Dhanesta, Sr. Dr Ms. Neeju Gupta, Sr. Dr Date Of Hearing 25/07/2025 Date Of Pronouncement 30/07/2025

For Appellant: Shri Salil Agarwal, Sr. AdvFor Respondent: Shri Rajesh Kumar Dhanesta, Sr. DR
Section 115BSection 144Section 68

…see and that the same was not available as a cash source with the assessee as on the date of making the deposit. Reliance in this regard has been placed rightly by the decision of Hon’ble Jurisdictional High Court in the case of CIT vs Kulwant Rai reported in 291 ITR 36(Del). Since the onus has not been proved by the revenue in the instant case and assessee on its part had filed the ITA No. 2851/Del/2022 G. N. International Pvt. Ltd entire cash book for the whole year wherein it is established that the cash deposit has been met out of the cash balance available as per books, there is no scope for making any addi…