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)

ACIT, New Delhi vs. M/S Jakson Ltd., Noida

In the result, all the three appeals of the Revenue are dismissed

ITA 6067/DEL/2016[2014-15]Status: DisposedITAT Delhi23 Jan 2020AY 2014-15

Bench: Shri Amit Shukla & Shri O.P. Kant

For Appellant: Shri J.K. Mishra, CIT-DRFor Respondent: Shri Ved Jain & Ms. Umang Uppal

Section 132Section 133(6)Section 139(1)Section 142(1)Section 153A

…ubmit reply to the AO it cannot be concluded that NJS was non-existent at the given address and that the purchases from them were bogus for which the Ld. AR has relied upon various judgments including that of the Hon’ble Supreme Court in CIT Vs. Orissa Corpn. 159 ITR 78 (SC). I am inclined to agree with the appellant’s AR on this account. 4.4.2 It is pertinent to know that the appellants are engaged in the business of manufacturing Electrical DG Sets for which they are purchasing various raw material and spare parts from different persons. The appellant has purchased pump for C/N/K Series and B Series, EOT Crane,…

ACIT, New Delhi vs. M/S Jakson Ltd., Noida

In the result, all the three appeals of the Revenue are dismissed

ITA 6066/DEL/2016[2012-13]Status: DisposedITAT Delhi23 Jan 2020AY 2012-13

Bench: Shri Amit Shukla & Shri O.P. Kant

For Appellant: Shri J.K. Mishra, CIT-DRFor Respondent: Shri Ved Jain & Ms. Umang Uppal

Section 132Section 133(6)Section 139(1)Section 142(1)Section 153A

…ubmit reply to the AO it cannot be concluded that NJS was non-existent at the given address and that the purchases from them were bogus for which the Ld. AR has relied upon various judgments including that of the Hon’ble Supreme Court in CIT Vs. Orissa Corpn. 159 ITR 78 (SC). I am inclined to agree with the appellant’s AR on this account. 4.4.2 It is pertinent to know that the appellants are engaged in the business of manufacturing Electrical DG Sets for which they are purchasing various raw material and spare parts from different persons. The appellant has purchased pump for C/N/K Series and B Series, EOT Crane,…

DCIT, Central Circle - 2(4), Kolkata vs. M/S. Maa Annapurna Transport Agency Ltd., Kolkata

In the result, the appeal of revenue is dismissed

ITA 822/KOL/2018[2013-14]Status: DisposedITAT Kolkata15 Jan 2020AY 2013-14

Bench: Shri A.T. Varkery, Jm & Dr. Arjun Lal Saini, Am ]

Section 133(6)Section 68

…ised by the revenue on this issue and so, we confirm the impugned order of the ld. CIT(A) and dismiss the appeal of the revenue. For that, we rely on the following judicial precedents;- 17. The Hon'ble Apex Court in the case of Orissa Corpn. (P) Ltd. (supra) 159 ITR 78 and the Hon'ble Gujarat High Court, in the case of Dy. CIT v. Rohini Builders [2002] 256 ITR 11 I.T.A No. 822/Kol/2018 A.Y 2013-14 M/s. Maa Annapurna Transport Agency Ltd. 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 establish…

ACIT, Circle - 34, Kolkata vs. Shri Amarjit Banthia, Kolkata

In the result, both the appeal of the In the result, both the appeal of the revenue and the cross-objection filed by the objection filed by the assessee are dismissed

ITA 780/KOL/2018[2014-15]Status: DisposedITAT Kolkata15 Jan 2020AY 2014-15

Bench: Sri J. Sudhakar Reddy, Hon. & Sri S.S. Godara, Hon.) Assessment Year: 2014-15 Asstt. Commissioner Of Income Tax, Circle-34, Kolkata…....……………......…….…….....…....Appellant Vs. Shri Amarjit Banthia................................................………...........................……...………..…......Respondent 23A, N.S. Road 2Nd Floor Room No.-8 Kolkata – 700 001 [Pan : Adkpb 5333 L] C.O. No. 59/Kol/2018 Assessment Year: 2014-15 Shri Amarjit Banthia................................................………...........................……...…….....…..…......Appellant 23A, N.S. Road 2Nd Floor Room No.-8 Kolkata – 700 001 [Pan : Adkpb 5333 L] Vs. Asstt. Commissioner Of Income Tax, Circle-34, Kolkata…....……………......…….…….......Respondent

Section 250

…n law. Reliance is placed on Hon'ble Supreme Court's judgment in the case of CIT Vs. Orissa Corporation (P) Ltd. e Court's judgment in the case of CIT Vs. Orissa Corporation (P) Ltd. e Court's judgment in the case of CIT Vs. Orissa Corporation (P) Ltd. (1986) 159 ITR 78 (Se) for the proposition that if the (1986) 159 ITR 78 (Se) for the proposition that if the Assessing Officer has Assessing Officer has issued summons u/s 133(6) it is his duty to bring the process to a logical issued summons u/s 133(6) it is his duty to bring the process to a logical issued summons u/s 133(6) it is his duty to bring the process t…

M/S. Sardhana Papers (P) Ltd., Uttar Pradesh vs. ACIT, Meerut

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

ITA 4110/DEL/2016[2012-13]Status: DisposedITAT Delhi31 Dec 2019AY 2012-13

For Appellant: Shri K. Sampath, Advocate &For Respondent: Shri S.S. Rana, CIT, DR

Section 133(6)Section 68

…s and the wife of one of the directors who had also declared the said loans in their respective returns of income. In the present case the facts are entirely different, therefore the ratio of this authority is also not applicable. In ANIS AHMAD & SONS VS. CIT 297 ITR 441 (SC), is not an authority for addition U/s. 68, therefore, not applicable. The authority of CIT VS. PANCHAM DASS JAIN 156 TAXMAN 507 (ALL.), is on the issue as to whether provisions of Sec. 68 are attracted on the amounts representing the purchases made on credit. This authority is also not on the issue under consideration. The reliance placed on…

Tradelink Carrying Pvt. Ltd., Kolkata vs. I.T.O., Ward-4(1), Kolkata

ITA 1636/KOL/2019[2013-14]Status: DisposedITAT Kolkata20 Dec 2019AY 2013-14

Bench: Shri A.T. Varkery, Am ]

Section 133(6)Section 68

…Smt. P. K. Noorjahan [1999] 237 ITR 570. We note that against the said decision of Hon'ble Gujarat High Court the special leave petition filed by the Revenue has also been dismissed by the Hon'ble Apex Court. 17. In the case of Orissa Corpn. (P) Ltd. (supra) 159 ITR 78 and the Hon'ble Gujarat High Court, in the case of Dy. CIT v. Rohini Builders [2002] 256 ITR 360 /[2003] 127 Taxman 523 , the Hon'ble Apex Court 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 prove…

M/S. Vasupujya Enterprises Pvt. Ltd., Kolkata vs. ITO, Ward - 1(3), Kolkata

In the result, the appeal of the assessee is treated as allowed for statistical purposes

ITA 594/KOL/2018[2014-15]Status: DisposedITAT Kolkata11 Dec 2019AY 2014-15

Bench: Shri P.M. Jagtap, Vice- & Shri A.T. Varkey

Section 68

…ITA No. 594/KOL/2018 Assessment Year: 2014-2015 M/s. Vasupujya Enterprises Pvt. Limited IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA ‘A’ BENCH, KOLKATA Before Shri P.M. Jagtap, Vice-President and Shri A.T. Varkey, Judicial Member I.T.A. No. 594/KOL/2018 Assessment Year: 2014-2015 M/s. Vasupujya Enterprises Pvt. Limited,...................................Appellant 35, Chittaranjan Avenue, Kolkata-700012 [PAN: AAACV8958M] -Vs.- Income Tax Officer,......................................................................Respondent Ward-1(3), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 Appear…

Income Tax Officer 15(1)(3), Mumbai vs. M/S.Celebrity Lifespace Private Limited, Mumbai

In the result appeal of the revenue is dismissed

ITA 6301/MUM/2017[2014-15]Status: DisposedITAT Mumbai05 Dec 2019AY 2014-15

Bench: Shri R.C. Sharma, Am & Shri Pawan Singh, Jm आयकर अपील सं./I.T.A. No. 6301/Mum/2017 ("नधा"रण वष" / Assessment Years : 2014-15)

For Appellant: SinghFor Respondent: Shri J.P. Bairagra

Section 132Section 143(3)Section 68

…retracted statement and has taken no action to rebut the evidences produced by the assessee. On the other hand, the assessee has provided all the documents to prove the genuineness of the transaction entered into. In CIT v. Orissa Corporation P. Ltd. [1986] 159 ITR 78 (SC), the Hon'ble Supreme Court held that once the primary onus of establishing the genuineness of the transaction is done by the assessee by furnishing the details like name, address, PAN, confirmation, copy of tax return, etc, it was the duty of the AO to verify the genuineness of these transactions by strictly enforcing the provisions of sectio…

Navyug Iron Traders, Ghaziabad vs. DCIT, Ghaziabad

In the result, appeal of Assessee allowed

ITA 553/DEL/2017[2010-11]Status: DisposedITAT Delhi24 Sept 2019AY 2010-11

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

For Appellant: Shri Akhilesh KumarFor Respondent: Shri Atiq Ahmad, Sr. D.R

Section 68

…were available to the A.O, therefore, A.O. could have examine the source of their income from the income tax record. But the A.O. did not do anything in the matter. Therefore, decision of the Hon’ble Supreme Court in the case of Orissa Corporation Pvt. Ltd., 159 ITR 78 (SC) would apply. The assessee in these circumstances is able to discharge onus upon it to prove the ingredients of Section 68 of the I.T. Act. We rely upon Judgment of the Hon’ble Gujarat High Court in the case of Rohini Builders 256 ITR 360 (Guj.) and Gauhati High Court 9 ITA.No.553/Del./2017 M/s. Navyug Iron Traders, Ghaziabad. in the case of…

ACIT, Circle-28(1), New Delhi vs. Radius Industries, New Delhi

ITA 7622/DEL/2018[2015-16]Status: DisposedITAT Delhi17 Sept 2019AY 2015-16

Bench: Shri H.S. Sidhu & Shri O.P. Kanta.Y. : 2015-16

For Appellant: Sh. Gautam Jain, Adv., Sh. LalitFor Respondent: Sh. Surender Pal, Sr. DR

Section 133(6)Section 143(1)Section 143(3)Section 194ASection 40Section 68

…d to reopen their individual assessment in accordance with law, but it cannot be regarded as undisclosed income of the assessee company. Further in the decision of the Hon’ble Supreme Court of India in the case of Orissa Cement Corporation vs. CIT reported in 159 ITR 78 it has been held that it is for the department to pursue a creditor particularly once the assessee had duly furnished the complete particulars of the person from whom monies have been received by the assessee. In absence of such a burden having been discharged, the AO could not have mechanically proceeded to make impugned addition in the instant c…

Radius Industries, New Delhi vs. ACIT, Circle-28(1), New Delhi

ITA 7280/DEL/2018[2015-16]Status: DisposedITAT Delhi17 Sept 2019AY 2015-16

Bench: Shri H.S. Sidhu & Shri O.P. Kanta.Y. : 2015-16

For Appellant: Sh. Gautam Jain, Adv., Sh. LalitFor Respondent: Sh. Surender Pal, Sr. DR

Section 133(6)Section 143(1)Section 143(3)Section 194ASection 40Section 68

…d to reopen their individual assessment in accordance with law, but it cannot be regarded as undisclosed income of the assessee company. Further in the decision of the Hon’ble Supreme Court of India in the case of Orissa Cement Corporation vs. CIT reported in 159 ITR 78 it has been held that it is for the department to pursue a creditor particularly once the assessee had duly furnished the complete particulars of the person from whom monies have been received by the assessee. In absence of such a burden having been discharged, the AO could not have mechanically proceeded to make impugned addition in the instant c…

Verma Service Station, Firozabad vs. ACIT, Firozabad

In the result, the appeal of the assessee is dismissed

ITA 212/AGR/2018[2009-10]Status: DisposedITAT Agra11 Sept 2019AY 2009-10

Bench: Shri Laliet Kumar,And Dr. Mitha Lal Meena

Section 68

…itrarily ignored by the ld. I.T.A No. 212/Agra/2018 11 CIT(A). He has urged to delete the addition. The counsel of the assessee has placed reliance on the Plethora of Judgment as follows: 1. CIT vs. Noorjahan, 237 ITR 570 (SC) 2. CIT vs. Orissa Corporation 159 ITR 78 (SC) 3. CIT vs. Daulatram 87 ITR 349 (SC) 4. CIT vs. V.S. Kamaljeet Singh 147 Taxman 18 (All.). 5. CIT vs. Johrimal Goyal 147 Taxman 448 (Alld). 6. Dwarikadhish Sugar Industries vs. ITO, in ITA No. 115/Lkw/2011, dated 24.05.2012. ITAT, Lucknow. (TM) 7. CIT vs. Jaiswal Motor Finance 141 ITR 706 (All. High Court). 8. Shri Avtar Singh Darshan Singh v…