CIT v. Oasis Hospitalities P. Ltd.

333 ITR 119High Court2011#268 most cited

What is CIT v. Oasis Hospitalities P. Ltd. authority for?

When explaining cash credits under Section 68, the assessee must establish the identity of the creditor, their creditworthiness or financial capacity, and the genuineness of the transaction. Merely proving identity does not discharge this initial onus, which shifts to the Assessing Officer once these three elements are prima facie proven.

292

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2011 to 2026.

Also referred to as

CIT v. Oasis Hospitalities P. Ltd. · Section 68 · Income Tax Act 1961 · cash credits · onus of proof · identity creditworthiness genuineness · share application money · paper company · shifting onus

Also reported as

198 Taxmann 247238 CTR 4029 Taxmann.com 1792011 SCC OnLine DEL 506

Issues it is cited on

Judgments citing CIT v. Oasis Hospitalities P. Ltd.

M/S Manish Finlease (P) Ltd, Patna vs. ITO, Ward-2(1), Patna

ITA 25/PAT/2019[2010-11]Status: DisposedITAT Patna09 Aug 2019AY 2010-11

Bench: Shri Chandra Mohan Garg & Laxmi Prasad Sahuassessment Year : 2010-2011 Manish Finlease Pvt Ltd., Vs. Ito, Ward 2(1), Patna Chandi House Exhibition Road, Patna Pan/Gir No.Aaccm 6252 B (Appellant) .. ( Respondent) Assessee By : Shri A.K.Rastogi & Rakesh Kumar, Ars Revenue By : Shri Indrajeet Singh, Dr Date Of Hearing : 20/06/ 2019 Date Of Pronouncement : 09/08/ 2019 O R D E R Per Bench This Is An Appeal Filed By The Assessee Against The Order Of The Cit(A)-1, Patna Dated 27.9.2018 For The Assessment Year 2010-2011. 2. The Appeal Filed By The Assessee Is Delayed By 51 Days. The Assessee Has Filed Application For Condonation Of Delay Stating The Reasons For Not Filing The Appeal In Time Before The Tribunal. After Hearing The Submissions Of The Parties, We Are Satisfied That The Assessee Had A Bonafide Reason For Not Filing The Appeal In Time. Therefore, We Condone The Delay & Proceed To Decide The Appeal Of The Assessee On Merits.

For Appellant: Shri A.K.Rastogi & Rakesh Kumar, ARsFor Respondent: Shri Indrajeet Singh, DR
Section 133(6)Section 143(2)Section 143(3)Section 147Section 148(1)Section 68

…ous courts is that the initial onus is on the assessee to establish the identity. prove the genuineness of the transaction and establish the creditworthiness of the creditor This has again been repeated in the case of Oasis Hospitalities Pvt. Ltd. reported in 333 ITR 119 (Delhi). 9. 15 The appellant in the course of the assessment proceedings as well as in the course of the appellate proceedings had failed to satisfy the three vital ingredients of section 68 of the Act to the satisfaction of the AO particularly in respect of the identity creditworthiness and genuineness of transaction including the bona fide of t…