CIT v. N.R. Portfolio (P.) Ltd.

42 Taxmann.com 339High Court2014#340 most cited

What is CIT v. N.R. Portfolio (P.) Ltd. authority for?

For cash credit additions under Section 68, establishing the 'identity' of a creditor requires more than just producing PAN or assessment particulars; it necessitates demonstrating their actual business operations, place of work, staff, and public recognition. This rigorous standard ensures the assessee proves the identity, creditworthiness, and genuineness of the transaction.

252

judgments rely on this decision, according to BharatTax’s citation analysis of 367,154 Indian tax judgments — from 2016 to 2026.

Also referred to as

CIT v. N.R. Portfolio (P.) Ltd. · Section 68 identity of creditor · cash credits proof · onus of proof Section 68 · share application money genuineness · paper company identity · PAN particulars insufficient identity · creditworthiness of creditor · genuineness of transaction · business operations identity proof · Delhi High Court Section 68 · 42 Taxmann.com 339

Also reported as

222 Taxmann 1572 ITR-OL 68

Issues it is cited on

Judgments citing CIT v. N.R. Portfolio (P.) Ltd.

M/S. Sherawali Yarns Pvt. Ltd., New Delhi vs. ACIT, Meerut

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

ITA 2996/DEL/2015[2005-06]Status: DisposedITAT Delhi30 Nov 2018AY 2005-06

Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year: 2005-06 Sherawali Yarns Pvt. Ltd., Vs. Acit, 14D, 14Th Floor, Hansalaya, Central Circle, 15, Barakhamba Road, Bhainsali Road, New Delhi. Meerut. Pan: Aaics3421L (Appellant) (Respondent) Assessee By : Shri G.C. Srivastava & Shri Suvinay K. Dash, Advocates Revenue By : Shri S.S. Rana, Cit, Dr Date Of Hearing : 13.09.2018 Date Of Pronouncement : 30.11.2018 Order Per R.K. Panda, Am: This Appeal By The Assessee Is Directed Against The Order Dated 11Th March, 2015 Of The Cit(A), Meerut, Relating To Assessment Year 2005-06. 2. The Facts Of The Case, In Brief, Are That The Assessee Is A Company Engaged In The Business Of Trading & Investment In Shares. It Filed Its Return Of Income On 19Th September, 2005 Declaring Loss Of Rs.320/-. The Case Was Selected For Scrutiny & In Response To Notice U/S 143(2) Dated 20Th September, 2006 & Notice U/S 142(1) Dated 3Rd August, 2007, The Counsel Of The Assessee Appeared Before The Assessing Officer

For Appellant: Shri G.C. Srivastava &For Respondent: Shri S.S. Rana, CIT, DR
Section 132Section 133(6)Section 142(1)Section 143(2)Section 143(3)Section 153ASection 68

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : G : NEW DELHI BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND MS SUCHITRA KAMBLE, JUDICIAL MEMBER Assessment Year: 2005-06 Sherawali Yarns Pvt. Ltd., Vs. ACIT, 14D, 14th Floor, Hansalaya, Central Circle, 15, Barakhamba Road, Bhainsali Road, New Delhi. Meerut. PAN: AAICS3421L (Appellant) (Respondent) Assessee by : Shri G.C. Srivastava & Shri Suvinay K. Dash, Advocates Revenue by : Shri S.S. Rana, CIT, DR Date of Hearing : 13.09.2018 Date of Pronouncement : 30.11.2018 ORDER PER R.K. PANDA, AM: This appeal by the assessee is directed against the order dated 11th Mar…

M/S. Roseberry Mercantile Pvt. Ltd., New Delhi vs. ACIT, Meerut

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

ITA 2995/DEL/2015[2008-09]Status: DisposedITAT Delhi30 Nov 2018AY 2008-09

Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year: 2008-09 Roseberry Mercantile Pvt. Ltd., Vs. Acit, 14D, 14Th Floor, Hansalaya, Central Circle, 15, Barakhamba Road, Bhainsali Road, New Delhi. Meerut. Pan: Aabcr3485J (Appellant) (Respondent) Assessee By : Shri G.C. Srivastava & Shri Suvinay K. Dash, Advocates Revenue By : Shri S.S. Rana, Cit, Dr Date Of Hearing : 13.09.2018 Date Of Pronouncement : 30.11.2018 Order Per R.K. Panda, Am: This Appeal By The Assessee Is Directed Against The Order Dated 10Th March, 2015 Of The Cit(A), Meerut, Relating To Assessment Year 2008-09. 2. The Facts Of The Case, In Brief, Are That The Assessee Is A Company & Derives Income From Interest On Loans & Advances Granted By It As An Nbfc & Profit On Sale Of Mutual Funds. The Return Of Income Was Filed On 6Th November, 2008 Declaring Total Income Of Rs. Nil. The Return Was Processed U/S 143(1) On 8Th July, 2009. Subsequently, The Case Was Reopened U/S 147 After Duly Recording The Reasons In Writing. In Response To Notice U/S 148 Of The It Act Dated 23Rd October, 2009, The Assessee Submitted To Treat The Original Return As Return Filed In Compliance To Notice U/S 148 Of The It Act, 1961. Subsequently, The Assessing Officer Completed The Assessment U/S 147/143(3) On 31St December, 2009 Determining The Total Income At Rs.73,510/- Wherein He Made Certain Additions By Disallowing Stt Debited To P&L Account, Income-Tax Debited, Disallowance U/S 14A & Preliminary Expenses.

For Appellant: Shri G.C. Srivastava &For Respondent: Shri S.S. Rana, CIT, DR
Section 132Section 143(1)Section 143(3)Section 147Section 148Section 14ASection 153ASection 68

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : G : NEW DELHI BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND MS SUCHITRA KAMBLE, JUDICIAL MEMBER Assessment Year: 2008-09 Roseberry Mercantile Pvt. Ltd., Vs. ACIT, 14D, 14th Floor, Hansalaya, Central Circle, 15, Barakhamba Road, Bhainsali Road, New Delhi. Meerut. PAN: AABCR3485J (Appellant) (Respondent) Assessee by : Shri G.C. Srivastava & Shri Suvinay K. Dash, Advocates Revenue by : Shri S.S. Rana, CIT, DR Date of Hearing : 13.09.2018 Date of Pronouncement : 30.11.2018 ORDER PER R.K. PANDA, AM: This appeal by the assessee is directed against the order dated 10t…

Gumpro Drilling Fluids Private Limited, Mumbai vs. Principal Commissioner of Income Tax - 15, Mumbai

The appeal of the assessee is dismissed

ITA 2868/MUM/2018[2013-14]Status: DisposedITAT Mumbai10 Oct 2018AY 2013-14

Bench: Shri Joginder Singh & Shri Ramit Kocharassessment Year: 2013-14 Gumpro Drilling Fluids Vs Pr. Cit-15, Private Limited, Room No.517, 5Th Floor, Opp. Karma Stambha, Aayakar Bhavan, Hazarat Compound, Lbs M. K. Road, Marg, Vikhroli (West), Mumbai-400020 Mumbai-400083 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No.Aadcg2319N "नधा"रती क" ओर से / Assessee By Shri Ashok J. Patil राज"व क" ओर से / Revenue By Shri L.K.S. Dahiya Cit-Dr

Section 120Section 144ASection 263Section 35

…आयकर अपील"य अ"धकरण, मुंबई "यायपीठ,जी,मुंबई । IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES “G”, MUMBAI "ी जो"ग"दर "संह, "या"यक सद"य एवं "ी रिमत कोचर, लेखा सद"य, के सम" Before Shri Joginder Singh, Judicial Member, and Shri Ramit Kochar, Accountant Member Assessment Year: 2013-14 Gumpro Drilling Fluids vs Pr. CIT-15, Private Limited, Room No.517, 5th Floor, Opp. Karma Stambha, Aayakar Bhavan, Hazarat Compound, LBS M. K. Road, Marg, Vikhroli (West), Mumbai-400020 Mumbai-400083 ("नधा"रती /Assessee) (राज"व /Revenue) PAN. No.AADCG2319N "नधा"रती क" ओर से / Assessee by Shri Ashok J. Patil राज"व क" ओर से / Revenue b…

Durgesh Autofin P.Ltd, Bijnor vs. Prcit, Muzaffarnagar

In the result, the appeal of the assessee is allowed

ITA 2539/DEL/2018[2013-14]Status: DisposedITAT Delhi09 Oct 2018AY 2013-14

Bench: Sh. N. K. Saini, Am & Ms. Suchitra Kamble, Jm Ita No. 2539/Del/2018 : Asstt. Year : 2013-14 Durgesh Autofin P. Ltd., Vs Pr. Commissioner Of Income Tax, C/O Sh. Pankaj Kumar, Director, Muzaffarnagar-251002 S/O Late Sh. Tejpal Singh, Mandi Kotla, Near Nehru Murti, Chandpur, Bijnot, Bijnor, Uttar Pradesh (Appellant) (Respondent) Pan No. Aaccd0768P Assessee By : Sh. Vivek Bansal, Adv. Revenue By : Ms. Rachna Singh, Cit Dr Date Of Hearing : 29.08.2018 Date Of Pronouncement : 09.10.2018 Order Per N. K. Saini, Am: This Is An Appeal By The Assessee Against The Order Dated 13.03.2018 Of Ld. Pr. Cit, Muzaffarnagar U/S 263 Of The Income Tax Act, 1961 (Hereinafter Referred To As The Act).

For Appellant: Sh. Vivek Bansal, AdvFor Respondent: Ms. Rachna Singh, CIT DR
Section 143(3)Section 263Section 269SSection 271DSection 41(1)Section 68

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘D’, NEW DELHI Before Sh. N. K. Saini, AM and Ms. Suchitra Kamble, JM ITA No. 2539/Del/2018 : Asstt. Year : 2013-14 Durgesh Autofin P. Ltd., Vs Pr. Commissioner of Income Tax, C/o Sh. Pankaj Kumar, Director, Muzaffarnagar-251002 S/o Late Sh. Tejpal Singh, Mandi Kotla, Near Nehru Murti, Chandpur, Bijnot, Bijnor, Uttar Pradesh (APPELLANT) (RESPONDENT) PAN No. AACCD0768P Assessee by : Sh. Vivek Bansal, Adv. Revenue by : Ms. Rachna Singh, CIT DR Date of Hearing : 29.08.2018 Date of Pronouncement : 09.10.2018 ORDER Per N. K. Saini, AM: This is an appeal by the asse…

M/S Stationery Point India Ltd, Mumbai vs. Dy. Com. of Income Tax-9(3), Mumbai

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

ITA 3101/MUM/2016[2011-12]Status: DisposedITAT Mumbai03 Oct 2018AY 2011-12

Bench: Shri R.C. Sharma & Shri Sandeep Gosainm/S. Stationery Point India Ltd. Deputy Commissioner Of E.S. Crystal Lawn, 1St Floor Income Tax - 9(3) Vs. Near Mega Mart Showroom Mumbai Kandivali (E), Mumbai 400101 Pan – Aafcs3137G Appellant Respondent Appellant By: Shri Haresh P. Shah Respondent By: Shri V. Justin Date Of Hearing: 27.07.2018 Date Of Pronouncement: 03.10.2018 O R D E R Per Sandeep Gosain, Jm This Appeal Filed By Assessee Is Directed Against The Order Passed By The Cit(A)-21, Mumbai, Dated 27.02.2016 & It Relates To A.Y. 2011-12. 2. The Brief Facts Of The Case Are That The Assessee Company Is Engaged In The Business Of Manufacturing Of Flexible Packaging For Consumer Products, Wire Products Like Staple Pins, U-Clips, Etc. The Return Of Income Was Filed By The Assessee On 30Th September, 2011 Showing Total Income At `4,55,12,480/-. The Assessment Order Under Section 143(3) Of The Act Dated 30Th March, 2014 Was Passed Thereby Assessing The Income Of The Assessee At `6,06,85,950/- Thereby Making Additions/Disallowances Under Different Heads. Aggrieved By The Order Of The Ao, The Assessee Preferred Appeal Before The Cit(A) & The Cit(A), After Considering The Case Of Both The Parties Partly Allowed The Appeal. Aggrieved By The Order Of The Cit(A) Assessee Preferred The Present Appeal Before Us On The Grounds Mentioned Below: -

For Appellant: Shri Haresh P. ShahFor Respondent: Shri V. Justin
Section 143(3)Section 14ASection 6n

…IN THE INCOME TAX APPELLATE TRIBUNAL "H" Bench, Mumbai Before Shri R.C. Sharma, Accountant Member and Shri Sandeep Gosain, Judicial Member M/s. Stationery Point India Ltd. Deputy Commissioner of E.S. Crystal Lawn, 1st Floor Income Tax - 9(3) Vs. Near Mega Mart Showroom Mumbai Kandivali (E), Mumbai 400101 PAN – AAFCS3137G Appellant Respondent Appellant by: Shri Haresh P. Shah Respondent by: Shri V. Justin Date of Hearing: 27.07.2018 Date of Pronouncement: 03.10.2018 O R D E R Per Sandeep Gosain, JM This appeal filed by assessee is directed against the order passed by the CIT(A)-21, Mumbai, dated 27.02.2016 and it…