What is CIT v. Orissa Corporation Pvt. Ltd. authority for?

When an assessee provides the identity and address of a creditor or investor for a cash credit or share capital under Section 68, the burden shifts to the Department to establish lack of genuineness or creditworthiness, requiring it to conduct further inquiries; mere non-compliance by third parties to summons cannot be the sole basis for an adverse inference against the assessee.

How many judgments cite CIT v. Orissa Corporation Pvt. Ltd.?

897 judgments on BharatTax cite CIT v. Orissa Corporation Pvt. Ltd. (159 ITR 78), spanning 2007 to 2026.

Which sections of the Income Tax Act does CIT v. Orissa Corporation Pvt. Ltd. come up under?

It is most often cited in judgments turning on Section 68, Section 143(3), Section 133(6), Section 147, Section 131, Section 148.

CIT v. Orissa Corporation Pvt. Ltd. (159 ITR 78)

Asst CIT CC 1 (3), Mumbai vs. M/S Neminath Enterprises, Mumbai

In the result, appeals of the revenue are dismissed

ITA 7988/MUM/2019[2011-12]Status: DisposedITAT Mumbai14 Jun 2021AY 2011-12

Bench: Shri C.N. Prasad, Hon'Ble & Shri M. Balaganesh, Hon'Ble

For Appellant: Ms. Hema SharmaFor Respondent: Shri Tharian Oommen

Section 147Section 68

…h from the land mark case of Kale Khan Mohammad Hanif Vs. CIT [50 ITR 1] and Roshan Di Hatti Vs. CIT [107 ITR 938] as already cited in the above decision of Hon’ble Apex Court. Similar is the ratio of Hon’ble Apex Court rendered in CIT Vs. Orissa Corporation [159 ITR 78]. It is trite law that additions could not be made merely on the basis of doubts, conjectures or surmises. After considering the entire case law as discussed above we find that the case law considered by the Revenue authorities were rendered under different set of facts which cannot be applied to the facts of the present case. Accordingly the case…

M/S Shri Shyam Sunder Infrastructure (P) Ltd., Delhi vs. ITO, New Delhi

In the result, appeal of the Assessee allowed

ITA 2106/DEL/2013[2003-04]Status: DisposedITAT Delhi19 May 2021AY 2003-04

Bench: Shri Bhavnesh Saini & Shri N.K. Billaiya

For Appellant: Shri Vinod Kumar Bindal, CAFor Respondent: Shri Prakash Dubey, Sr. DR

Section 131Section 144Section 147Section 148Section 68

…Court in the case of Commissioner of Income Tax, Orissa vs., Orissa 46 ITA.No.2106/Del./2013 Shri Shyam Sunder Infrastructure (P) Ltd., [Formerly known as M/s. Shalom Exim (P) Ltd., and then as Mamram Developers P. Ltd.,] Delhi. Corporation P. Ltd., [1986] 159 ITR 78 (SC) in which it was held as follows : “Held, that in this case the respondent had given the names and addresses of the alleged creditors. It was in the knowledge of the Revenue that the said creditors were income-tax assessees. Their index numbers were in the file of the Revenue. The Revenue, apart from issuing notices under section 131 at the i…

Dolphin Goods Pvt. Ltd., Kolkata vs. I.T.O., Ward-6(1), Kolkata

ITA 240/KOL/2020[2009-10]Status: DisposedITAT Kolkata05 May 2021AY 2009-10

Bench: "ी जे. सुधाकर रे"डी, लेखा सद"य एवं/And "ी ऐ. ट". वक", "यायीक सद"य) [Before Shri J. Sudhakar Reddy, Am & Shri A. T. Varkey, Jm]

Section 127Section 131Section 133(6)Section 142(1)Section 143(3)Section 144Section 147Section 263

…plank on which the AO made the addition was because of non-compliance of the directors of the share subscribers to turn up before him during re-assessment/remand proceedings. In such a case the Hon'ble Apex Court in the case of Orissa Corpn. (P) Ltd. (supra) 159 ITR 78 and following the same, 8 Dolphin Goods (P) Ltd., AY 2009-10 the Hon'ble Gujarat High Court, in the case of Dy. CIT v. Rohini Builders [2002] 256 ITR 360 /[2003] 127 Taxman 523 , has held that onus of the assessee (in whose books of account credit appears) stands fully discharged if the identity of the creditor is established and actual receipt…

Jayant Packaging Pvt. Ltd., Chennai vs. DCIT Corporate Ward 2(2), Chennai

In the result, the appeal filed by the assessee for assessment year 2012-13 in ITA No

ITA 731/CHNY/2018[2012-13]Status: DisposedITAT Chennai21 Apr 2021AY 2012-13

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./Ita Nos.: 730, 731 & 732/Chny/2018 िनधा"रण वष" / Assessment Years: 2010-11, 2012-13 & 2012-13

For Appellant: Shri I. Dinesh, AdvocateFor Respondent: Shri Suresh Periasamy, JCIT

Section 115JSection 14A

…y for the reason that loan is received in cash no addition can be made u/s.68 of the Act. Once initial burden was discharged then burden shifts to the Revenue to prove otherwise as held by the Hon’ble Supreme Court in the case of CIT vs. Orissa Corp. P. Ltd., 159 ITR 78. In this case, assessee has filed all possible evidences to prove loan but the AO has disregarded evidences filed by the assessee and made addition only on the ground of receipt of loan by cash. Therefore, we are of considered view that the AO is erred in making addition towards unsecured loan received from Shri R. Muthaiyah amounting to Rs.1,50,0…

Jayant Packaging Pvt. Ltd., Chennai vs. DCIT Corporate Ward 2(2), Chennai

In the result, the appeal filed by the assessee for assessment year 2012-13 in ITA No

ITA 730/CHNY/2018[2010-11]Status: DisposedITAT Chennai21 Apr 2021AY 2010-11

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./Ita Nos.: 730, 731 & 732/Chny/2018 िनधा"रण वष" / Assessment Years: 2010-11, 2012-13 & 2012-13

For Appellant: Shri I. Dinesh, AdvocateFor Respondent: Shri Suresh Periasamy, JCIT

Section 115JSection 14A

…y for the reason that loan is received in cash no addition can be made u/s.68 of the Act. Once initial burden was discharged then burden shifts to the Revenue to prove otherwise as held by the Hon’ble Supreme Court in the case of CIT vs. Orissa Corp. P. Ltd., 159 ITR 78. In this case, assessee has filed all possible evidences to prove loan but the AO has disregarded evidences filed by the assessee and made addition only on the ground of receipt of loan by cash. Therefore, we are of considered view that the AO is erred in making addition towards unsecured loan received from Shri R. Muthaiyah amounting to Rs.1,50,0…

Jayant Packaging Pvt. Ltd., Chennai vs. DCIT Corporate Ward 2(2), Chennai

In the result, the appeal filed by the assessee for assessment year 2012-13 in ITA No

ITA 732/CHNY/2018[2012-13]Status: DisposedITAT Chennai21 Apr 2021AY 2012-13

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./Ita Nos.: 730, 731 & 732/Chny/2018 िनधा"रण वष" / Assessment Years: 2010-11, 2012-13 & 2012-13

For Appellant: Shri I. Dinesh, AdvocateFor Respondent: Shri Suresh Periasamy, JCIT

Section 115JSection 14A

…y for the reason that loan is received in cash no addition can be made u/s.68 of the Act. Once initial burden was discharged then burden shifts to the Revenue to prove otherwise as held by the Hon’ble Supreme Court in the case of CIT vs. Orissa Corp. P. Ltd., 159 ITR 78. In this case, assessee has filed all possible evidences to prove loan but the AO has disregarded evidences filed by the assessee and made addition only on the ground of receipt of loan by cash. Therefore, we are of considered view that the AO is erred in making addition towards unsecured loan received from Shri R. Muthaiyah amounting to Rs.1,50,0…

J.C.I.T.(OSD), Circle-12(1), Kolkata vs. M/S Werit Global Ltd., Kolkata

ITA 55/KOL/2020[2014-15]Status: DisposedITAT Kolkata13 Apr 2021AY 2014-15

Bench: Shri J. Sudhakar Reddy, Am & Shri A. T. Varkey, Jm]

Section 133(6)Section 68

…e addition in the assessment proceedings was non-service of notice and in the remand proceedings was because the directors of the share subscribers did not turn up before him. In such a case the Hon'ble Apex Court in the case of Orissa Corpn. (P) Ltd. (supra) 159 ITR 78 and following the same, the Hon'ble Gujarat High Court, in the case of Dy. CIT v. Rohini Builders [2002] 256 ITR 360 /[2003] 127 Taxman 523 , has held that onus of the assessee (in whose books of account credit appears) stands fully discharged if the identity of the creditor is established and actual receipt of money from such creditor is proved.…

Wearit Global Ltd., Kolkata vs. DCIT, Circle - 12(1), Kolkata

ITA 2191/KOL/2018[2015-16]Status: DisposedITAT Kolkata13 Apr 2021AY 2015-16

Bench: Shri J. Sudhakar Reddy, Am & Shri A. T. Varkey, Jm]

Section 133(6)Section 68

…e addition in the assessment proceedings was non-service of notice and in the remand proceedings was because the directors of the share subscribers did not turn up before him. In such a case the Hon'ble Apex Court in the case of Orissa Corpn. (P) Ltd. (supra) 159 ITR 78 and following the same, the Hon'ble Gujarat High Court, in the case of Dy. CIT v. Rohini Builders [2002] 256 ITR 360 /[2003] 127 Taxman 523 , has held that onus of the assessee (in whose books of account credit appears) stands fully discharged if the identity of the creditor is established and actual receipt of money from such creditor is proved.…

JCIT(OSD), Cir.-12(1), Kolkata vs. M/S Wearit Global Ltd., Kolkata

ITA 115/KOL/2020[2016-17]Status: DisposedITAT Kolkata13 Apr 2021AY 2016-17

Bench: Shri J. Sudhakar Reddy, Am & Shri A. T. Varkey, Jm]

Section 133(6)Section 68

…e addition in the assessment proceedings was non-service of notice and in the remand proceedings was because the directors of the share subscribers did not turn up before him. In such a case the Hon'ble Apex Court in the case of Orissa Corpn. (P) Ltd. (supra) 159 ITR 78 and following the same, the Hon'ble Gujarat High Court, in the case of Dy. CIT v. Rohini Builders [2002] 256 ITR 360 /[2003] 127 Taxman 523 , has held that onus of the assessee (in whose books of account credit appears) stands fully discharged if the identity of the creditor is established and actual receipt of money from such creditor is proved.…

DCIT, Circle - 12(1), Kolkata vs. M/S. Wearit Global Ltd., Kolkata

ITA 20/KOL/2019[2015-16]Status: DisposedITAT Kolkata13 Apr 2021AY 2015-16

Bench: Shri J. Sudhakar Reddy, Am & Shri A. T. Varkey, Jm]

Section 133(6)Section 68

…e addition in the assessment proceedings was non-service of notice and in the remand proceedings was because the directors of the share subscribers did not turn up before him. In such a case the Hon'ble Apex Court in the case of Orissa Corpn. (P) Ltd. (supra) 159 ITR 78 and following the same, the Hon'ble Gujarat High Court, in the case of Dy. CIT v. Rohini Builders [2002] 256 ITR 360 /[2003] 127 Taxman 523 , has held that onus of the assessee (in whose books of account credit appears) stands fully discharged if the identity of the creditor is established and actual receipt of money from such creditor is proved.…

DCIT, Circle - 4(2), Kolkata vs. M/S Sudarshan Paper & Board Pvt. Ltd., Kolkata

In the result, both the appeals filed by the revenue are dismissed

ITA 836/KOL/2018[2014-15]Status: DisposedITAT Kolkata01 Apr 2021AY 2014-15

Bench: Sri J. Sudhakar Reddy, Hon’Ble & Sri Aby T. Varkey, Hon’Ble) Assessment Year: 2013-14 Deputy Commissioner Of Income Tax, Circle-4(2), Kolkata.................................................Appellant Vs. M/S. Sudarshan Paper & Board Pvt. Ltd….......……….............................…………………........Respondent 27, Brabourne Road Room No. 311 Kolkata – 700 001 [Pan : Aahcs 1241 F] C.O. No. 33/Kol/2018 Assessment Year: 2013-14 M/S. Sudarshan Paper & Board Pvt. Ltd….......……….............................………………….............Appellant 27, Brabourne Road Room No. 311 Kolkata – 700 001 [Pan : Aahcs 1241 F] Vs. Deputy Commissioner Of Income Tax, Circle-4(2), Kolkata.............................................Respondent Assessment Year: 2014-15 Deputy Commissioner Of Income Tax, Circle-4(2), Kolkata.................................................Appellant Vs. M/S. Sudarshan Paper & Board Pvt. Ltd….......……….............................…………………........Respondent 27, Brabourne Road Room No. 311 Kolkata – 700 001 [Pan : Aahcs 1241 F]

Section 144Section 250

…e notices were duly served on the parties the addition was not justified in view of the judgment of the Hon’ble the judgment of the Hon’ble Supreme Court in the case of Orissa Corpn. Ltd. reported in Supreme Court in the case of Orissa Corpn. Ltd. reported in 159 ITR 78. The AO himself has accepted the loans from these parties in Asst. Year 2014 159 ITR 78. The AO himself has accepted the loans from these parties in Asst. Year 2014 159 ITR 78. The AO himself has accepted the loans from these parties in Asst. Year 2014- 15 (although addition has been made but it pertains to 15 (although addition has been made but…

DCIT, Circle - 4(2), Kolkata vs. M/S Sudarshan Paper & Board Pvt. Ltd., Kolkata

In the result, both the appeals filed by the revenue are dismissed

ITA 131/KOL/2018[2013-14]Status: DisposedITAT Kolkata01 Apr 2021AY 2013-14

Bench: Sri J. Sudhakar Reddy, Hon’Ble & Sri Aby T. Varkey, Hon’Ble) Assessment Year: 2013-14 Deputy Commissioner Of Income Tax, Circle-4(2), Kolkata.................................................Appellant Vs. M/S. Sudarshan Paper & Board Pvt. Ltd….......……….............................…………………........Respondent 27, Brabourne Road Room No. 311 Kolkata – 700 001 [Pan : Aahcs 1241 F] C.O. No. 33/Kol/2018 Assessment Year: 2013-14 M/S. Sudarshan Paper & Board Pvt. Ltd….......……….............................………………….............Appellant 27, Brabourne Road Room No. 311 Kolkata – 700 001 [Pan : Aahcs 1241 F] Vs. Deputy Commissioner Of Income Tax, Circle-4(2), Kolkata.............................................Respondent Assessment Year: 2014-15 Deputy Commissioner Of Income Tax, Circle-4(2), Kolkata.................................................Appellant Vs. M/S. Sudarshan Paper & Board Pvt. Ltd….......……….............................…………………........Respondent 27, Brabourne Road Room No. 311 Kolkata – 700 001 [Pan : Aahcs 1241 F]

Section 144Section 250

…e notices were duly served on the parties the addition was not justified in view of the judgment of the Hon’ble the judgment of the Hon’ble Supreme Court in the case of Orissa Corpn. Ltd. reported in Supreme Court in the case of Orissa Corpn. Ltd. reported in 159 ITR 78. The AO himself has accepted the loans from these parties in Asst. Year 2014 159 ITR 78. The AO himself has accepted the loans from these parties in Asst. Year 2014 159 ITR 78. The AO himself has accepted the loans from these parties in Asst. Year 2014- 15 (although addition has been made but it pertains to 15 (although addition has been made but…