CIT v. Orissa Corporation Pvt. Ltd.

159 ITR 78Supreme Court of India1986#53 most cited

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.

897

judgments rely on this decision, according to BharatTax’s citation analysis of 367,154 Indian tax judgments — from 2007 to 2026.

Also referred to as

CIT v. Orissa Corporation · 159 ITR 78 · Section 68 · unexplained cash credit · burden of proof · creditworthiness of creditor · genuineness of transaction · non-compliance of summons · share capital · Section 131 · Section 133(6) · adverse inference

Issues it is cited on

Judgments citing CIT v. Orissa Corporation Pvt. Ltd.

Addl CIT RG 24(2), Mumbai vs. Saraswati Developers, Mumbai

In the result, the Revenue’s appeal is allowed for statistical purposes

ITA 8337/MUM/2010[2006-07]Status: DisposedITAT Mumbai09 Aug 2016AY 2006-07

Bench: Shri Sanjay Arora, Am & Shri Pawan Singh, Jm आयकर अपील सं./I.T.A. No. 8337/Mum/2010 ("नधा"रण वष" / Assessment Year: 2006-07) Dy. Cit-24(2), Saraswati Developers Room No. 601, 6Th Floor, 54/55, Rani Sati Marg, बनाम/ Pratyakshakar Bhavan, Malad (E), Mumbai-400 097 Bandra-Kurla Complex, Vs. Bandra (E), Mumbai-400 051 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaofs 5105 N (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri Kailash Gaikwad ""यथ" क" ओर से/Respondent By : Shri Viraj Shah

For Appellant: Shri Kailash GaikwadFor Respondent: Shri Viraj Shah
Section 133(6)Section 143(3)Section 68

…rlier decisions in Sreelekha Banerjee vs. CIT [1963] 49 ITR 112 (SC); Parimisetti Seetharamamma vs. 5 Dy. CIT vs. Saraswati Developers CIT [1965] 57 ITR 532 (SC); CIT vs. Durga Prasad More [1971] 82 ITR 540 (SC); and CIT vs. Orissa Corporation P. Ltd. [1986] 159 ITR 78 (SC), held as under: ‘In all cases in which a receipt is sought to be taxed as income, the burden lies on the Department to prove that it is within the taxing provision and if a receipt is in the nature of income, the burden of proving that it is not taxable because it falls within the exemption provided by the Act lies upon the assessee. But in v…

DCIT, New Delhi vs. M/S Lifestyle Texworks Pvt. Ltd., New Delhi

In the result, the appeal is allowed partly for statistical purpose

ITA 1943/DEL/2011[2006-07]Status: DisposedITAT Delhi30 Jun 2016AY 2006-07

Bench: Sh. H.S. Sidhu & Sh. O.P. Kantassessment Year: 2006-07 Deputy Commissioner Of Income Vs. M/S. Lifestyle Texworks Pvt. Ltd., Tax, Circle-4(1), Room No. 407, 4Th Apartment 530, Tower Iii, Mount Floor, C.R. Building, I.P. Estate, Kailash, East Of Kailash, New Delhi New Delhi Gir/Pan : Aaacl7069F (Appellant) (Respondent) Appellant By Sh. Amit Jain, Sr. Dr Respondent By None Date Of Hearing 16.05.2016 Date Of Pronouncement 30.06.2016 Order Per O.P. Kant, A.M.: This Appeal By The Revenue Is Directed Against Order Dated 21/02/2011 Of Learned Commissioner Of Income-Tax (Appeals)-Vii, New Delhi Raising Following Grounds; “01. The Order Of The Learned Cit (Appeals) Is Erroneous & Contrary To Facts & Law. 02. On The Facts & In The Circumstances Of The Case & In Law, The Ld Cit (Appeals) Has Erred In Deleting The Penalty Of Rs.52,29,408/- Made U/S 68 Of The Act, Being The Unconfirmed Unsecured Loan. 2.1 The Ld. Cit (A) Has Ignored The Findings Recorded By The Ao & The Fact That The Assessee Did Not Discharge The Onus Of Proving The Creditworthiness Of The Creditors & Genuineness Of The Transactions. 03. On The Facts & In The Circumstances Of The Case & In Law, The Learned Cit (Appeals) Has Erred I N Deleting The Addition Of Rs.12,62,503/- Made On Account Of Disallowance Excessive Expenditure. 3.1. The Ld. Cit (A) Ignored The Finding Recorded By The Ao & The Fact That The Assessee Did Not File Required Evidences To Substantiate Its Claim.

Section 142(1)Section 143(2)Section 144Section 68

…) 49 ITR 273(Mad); Tola Ram Daga vs. Commissioner of Income Tax. 4 AY: 2006-07 (Cal.)]. (1966) 59 ITR 632 (Gau.); CIT Vs. Daulat Ram Rawatmull (1973) 87 ITR 349 (SC); Sarogi Credit Corpn. Vs. CIT (1976) 103 ITR 344 (Pat); CIT Vs. Orissa Corpn. (P) Ltd.(1986) 159 ITR 78 (SC) & Kishan Chand Chellaram Vs. CIT 125 ITR 713 (SC). In this regard, it is important to take note of the judgment in the case of Kishan Chand Chellaram (Supra) holding that the burden is on the department to show that the money be longed to the assessee by bringing proper evidence on record & the assessee could not e expected to put evidence to…