CIT v. Precision Finance Pvt. Ltd.

208 ITR 465High Court1994#168 most cited

What is CIT v. Precision Finance Pvt. Ltd. authority for?

When an assessee seeks to explain a cash credit under Section 68, they must prove the identity of the creditors, their creditworthiness or capacity to advance money, and the genuineness of the transactions. The burden of proof is not discharged merely by filing confirmatory letters or demonstrating banking channel transactions.

427

judgments rely on this decision, according to BharatTax’s citation analysis of 367,181 Indian tax judgments — from 2009 to 2026.

Also referred to as

CIT v. Precision Finance Pvt. Ltd. · Section 68 · cash credit · burden of proof · identity of creditor · creditworthiness of creditor · genuineness of transaction · unexplained money · confirmatory letters · banking channel transactions

Sections most often in play

Section 68Section 143(3)Section 133(6)Section 142(1)Section 147Section 148Section 1961Section 131

Issues it is cited on

creditworthiness of the creditorpaper companysource of sourceshare capital and share premiumlive linkshare application moneyentry operatorsection 251(1)(a)addition u/s 68genuineness of the transactionaddition under section 68borrowed satisfaction

Judgments citing CIT v. Precision Finance Pvt. Ltd.

Shivam Water Treaters Pvt. Ltd., Ahmedabad vs. The Dy. CIT, Circle-8, Ahmedabad

In the result appeal of the assessee is partly allowed for statistical purposes

ITA 187/AHD/2020[2011-12]Status: DisposedITAT Ahmedabad06 May 2022AY 2011-12

Bench: Shri Waseem Ahmed & Shri T.R. Senthil Kumar

For Appellant: Revenue by Shri Vijaykumar Jaiswal, CIT DR with Shri Urjit Shah, A.R
Section 40ASection 68

…he transactions and creditworthiness of the parties. These liabilities on the assessee were imposed to justify the cash credit entries under Section 68 of the Act by the Hon’ble Calcutta High Court in the case of CIT Vs. Precision Finance (P) Ltd. reported in 208 ITR 465 wherein it was held as under: “It was for the assessee to prove the identity of the creditors, their creditworthiness and the genuineness of the transactions. On the facts of this case, the Tribunal did not take into account all these ingredients which had to be satisfied by the assessee. Mere furnishing of the particulars was not enough. “ 28.1…

Shivam Water Treaters Pvt. Ltd., Ahmedabad vs. The Dy. CIT, Circle-4(1)(1), Ahmedabad

In the result appeal of the assessee is partly allowed for statistical purposes

ITA 2557/AHD/2017[2012-13]Status: DisposedITAT Ahmedabad06 May 2022AY 2012-13

Bench: Shri Waseem Ahmed & Shri T.R. Senthil Kumar

For Appellant: Revenue by Shri Vijaykumar Jaiswal, CIT DR with Shri Urjit Shah, A.R
Section 40ASection 68

…he transactions and creditworthiness of the parties. These liabilities on the assessee were imposed to justify the cash credit entries under Section 68 of the Act by the Hon’ble Calcutta High Court in the case of CIT Vs. Precision Finance (P) Ltd. reported in 208 ITR 465 wherein it was held as under: “It was for the assessee to prove the identity of the creditors, their creditworthiness and the genuineness of the transactions. On the facts of this case, the Tribunal did not take into account all these ingredients which had to be satisfied by the assessee. Mere furnishing of the particulars was not enough. “ 28.1…

The DCIT, Circle-8, Ahmedabad vs. Shivam Water Treaters Pvt. Ltd., Ahmedabad

In the result appeal of the assessee is partly allowed for statistical purposes

ITA 1447/AHD/2014[2009-10]Status: DisposedITAT Ahmedabad06 May 2022AY 2009-10

Bench: Shri Waseem Ahmed & Shri T.R. Senthil Kumar

For Appellant: Revenue by Shri Vijaykumar Jaiswal, CIT DR with Shri Urjit Shah, A.R
Section 40ASection 68

…he transactions and creditworthiness of the parties. These liabilities on the assessee were imposed to justify the cash credit entries under Section 68 of the Act by the Hon’ble Calcutta High Court in the case of CIT Vs. Precision Finance (P) Ltd. reported in 208 ITR 465 wherein it was held as under: “It was for the assessee to prove the identity of the creditors, their creditworthiness and the genuineness of the transactions. On the facts of this case, the Tribunal did not take into account all these ingredients which had to be satisfied by the assessee. Mere furnishing of the particulars was not enough. “ 28.1…

Shivam Water Treaters Pvt. Ltd., Ahmedabad vs. The ACIT, (OSD), Circle-8, Ahmedabad

In the result appeal of the assessee is partly allowed for statistical purposes

ITA 1320/AHD/2014[2009-10]Status: DisposedITAT Ahmedabad06 May 2022AY 2009-10

Bench: Shri Waseem Ahmed & Shri T.R. Senthil Kumar

For Appellant: Revenue by Shri Vijaykumar Jaiswal, CIT DR with Shri Urjit Shah, A.R
Section 40ASection 68

…he transactions and creditworthiness of the parties. These liabilities on the assessee were imposed to justify the cash credit entries under Section 68 of the Act by the Hon’ble Calcutta High Court in the case of CIT Vs. Precision Finance (P) Ltd. reported in 208 ITR 465 wherein it was held as under: “It was for the assessee to prove the identity of the creditors, their creditworthiness and the genuineness of the transactions. On the facts of this case, the Tribunal did not take into account all these ingredients which had to be satisfied by the assessee. Mere furnishing of the particulars was not enough. “ 28.1…

The Dy. Commr. of Income Tax, Cir.-1(1), Rajkot-Gujarat vs. M/S Real Procon Pvt. Ltd., Rajkot-Gujarat

In the result, appeal of the Revenue is dismissed

ITA 498/RJT/2015[2012-13]Status: DisposedITAT Rajkot29 Apr 2022AY 2012-13

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedअपील सं./Ita No.498/Rjt/2015 िनधा"रण वष"/Asstt. Year: 2012-2013 D.C.I.T., M/S Real Procon Pvt. Ltd., Circle-1(1), Vs. Saneshwar Complex, Rajkot. Opp. Balalji Hall, 150 Ft. Ring Road, Rajkot.

For Appellant: Shri Kalpesh Doshi, A.RFor Respondent: Shri S.S. Rathi, Sr.D.R
Section 133(6)Section 133ASection 68

…he transactions and creditworthiness of the parties. These liabilities on the assessee were imposed to justify the cash credit entries under Section 68 of the Act by the Hon’ble Calcutta High Court in the case of CIT Vs. Precision Finance (P) Ltd. reported in 208 ITR 465 wherein it was held as under: “It was for the assessee to prove the identity of the creditors, their creditworthiness and the genuineness of the transactions. On the facts of this case, the Tribunal did not take into account all these ingredients which had to be satisfied by the assessee. Mere furnishing of the particulars was not enough. “ 8.7 N…

The DCIT, Central Circle-1(2), Ahmedabad vs. M/S. Sarthav Builders, Ahmedabad

In the result appeal of the Revenue is dismissed

ITA 908/AHD/2019[2010-11]Status: DisposedITAT Ahmedabad27 Apr 2022AY 2010-11

Bench: Shri Waseem Ahmed & Ms Madhumita Royआयकर अपील सं./Ita No. 908/Ahd/2019 िनधा"रण वष"/Asstt. Year: 2010-2011 D.C.I.T., M/S. Sarthav Builders, Central Circle-1(2), Vs. B-1, Abhishree Complex, Ahmedabad. Opp. Star Bazar, Satellite, Ahmedabad. Pan: Abffs3812C

For Appellant: Ms Nupur Shah, A.RFor Respondent: Shri Vijaykumar Jaiswal, CIT,D.R
Section 132Section 147Section 148Section 68

…the transactions and creditworthiness of the parties. These liabilities on the assessee were imposed to justify the cash credit entries under section 68 of the Act by the Hon’ble Calcutta High Court in the case of CIT Vs. Precision finance (p) Ltd reported in 208 ITR 465 wherein it was held as under: “It was for the assessee to prove the identity of the creditors, their creditworthiness and the genuineness of the transactions. On the facts of this case, the Tribunal did not take into account all these ingredients which had to be satisfied by the assessee. Mere furnishing of the particulars was not enough. The enq…

The DCIT, Central Circle-1(2), Ahmedabad vs. M/S. Sthapatya Shilp Construction, Ahmedabad

In the result, the appeal of the Revenue is dismissed

ITA 907/AHD/2019[2010-11]Status: DisposedITAT Ahmedabad27 Apr 2022AY 2010-11

Bench: Shri Waseem Ahmed & Ms Madhumita Royआयकर अपील सं./Ita No. 907/Ahd/2019 With C.O.No.170/Ahd/2019 िनधा"रण वष"/Asstt. Year: 2010-2011 D.C.I.T., M/S. Sthapatya Shilp Construction, Central Circle-1(2), Vs. 2, Abhiraj Complex, Ahmedabad. 68-B, Swastic Society, Ahmedabad. Pan: Abffs2922P

For Appellant: Ms Nupur Shah, A.RFor Respondent: Shri Vijaykumar Jaiswal, CIT,D.R
Section 147Section 148Section 68

…the transactions and creditworthiness of the parties. These liabilities on the assessee were imposed to justify the cash credit entries under section 68 of the Act by the Hon’ble Calcutta High Court in the case of CIT Vs. Precision finance (p) Ltd reported in 208 ITR 465 wherein it was held as under: “It was for the assessee to prove the identity of the creditors, their creditworthiness and the genuineness of the transactions. On the facts of this case, the Tribunal did not take into account all these ingredients which had to be satisfied by the assessee. Mere furnishing of the particulars was not enough. The enq…

DCIT, Central Circle-(1)(2), Ahmedabad vs. Shreyasi Dharmen Sutaria, Ahmedabad

In the result appeal of the Revenue is dismissed

ITA 797/AHD/2019[2010-11]Status: DisposedITAT Ahmedabad27 Apr 2022AY 2010-11

Bench: Shri Waseem Ahmed & Ms Madhumita Royआयकर अपील सं./Ita No. 797/Ahd/2019 With C.O.No.173/Ahd/2019 िनधा"रण वष"/Asstt. Year: 2010-2011 D.C.I.T., Shreyasi Dharmen Sutaria, Central Circle-1(2), Vs. 16-B, Jadav Chamber, Ahmedabad. Ashram Road, Ahmedabad-380009. 2Nd Address: 8, Amrashagun Bunglows, Nr. Hathisingh Park, Satellite, Ahmedabad-380015. Pan: Awops1881R

For Appellant: Ms Nupur Shah, A.RFor Respondent: Shri Vijaykumar Jaiswal, CIT,D.R
Section 143Section 147Section 148

…the transactions and creditworthiness of the parties. These liabilities on the assessee were imposed to justify the cash credit entries under section 68 of the Act by the Hon’ble Calcutta High Court in the case of CIT Vs. Precision finance (p) Ltd reported in 208 ITR 465 wherein it was held as under: “It was for the assessee to prove the identity of the creditors, their creditworthiness and the genuineness of the transactions. On the facts of this case, the Tribunal did not take into account all these ingredients which had to be satisfied by the assessee. Mere furnishing of the particulars was not enough. The enq…

The DCIT, Central Ciircle-1(2), Ahmedabad vs. Shrena S Sutaria, Ahmedabad

In the result appeal of the Revenue is dismissed

ITA 796/AHD/2019[2010-11]Status: DisposedITAT Ahmedabad27 Apr 2022AY 2010-11

Bench: Shri Waseem Ahmed & Ms Madhumita Royआयकर अपील सं./Ita No. 796/Ahd/2019 With C.O.No.172/Ahd/2019 िनधा"रण वष"/Asstt. Year: 2010-2011 D.C.I.T., Shrena S. Sutaria, Central Circle-1(2), Vs. 8, Amrashagun Bunglows, Ahmedabad. Nr. Hathisingh Park, Satellite, Ahmedabad-380015. Pan: Asqps7606E

For Appellant: Ms Nupur Shah, A.RFor Respondent: Shri Vijaykumar Jaiswal, CIT,D.R
Section 143(3)Section 147Section 148Section 68

…the transactions and creditworthiness of the parties. These liabilities on the assessee were imposed to justify the cash credit entries under section 68 of the Act by the Hon’ble Calcutta High Court in the case of CIT Vs. Precision finance (p) Ltd reported in 208 ITR 465 wherein it was held as under: “It was for the assessee to prove the identity of the creditors, their creditworthiness and the genuineness of the transactions. On the facts of this case, the Tribunal did not take into account all these ingredients which had to be satisfied by the assessee. Mere furnishing of the particulars was not enough. The enq…

DCIT, Central Circle-1(2), Ahmedabad vs. Dharmenbhai Mahendrabhai Sutaria -HUF, Ahmedabad

In the result appeal of the Revenue is dismissed

ITA 795/AHD/2019[2010-11]Status: DisposedITAT Ahmedabad27 Apr 2022AY 2010-11

Bench: Shri Waseem Ahmed & Ms Madhumita Royआयकर अपील सं./Ita No. 795/Ahd/2019 With C.O.No.169/Ahd/2019 िनधा"रण वष"/Asstt. Year: 2010-2011 D.C.I.T., Dharmenbhai M. Sutaria, Huf Central Circle-1(2), Vs. 16-B, Jadav Chamber, Ahmedabad. Ashram Road, Ahmedabad-380009. Pan: Aafhd1653K

For Appellant: Ms Nupur Shah, A.RFor Respondent: Shri Vijaykumar Jaiswal, CIT,D.R
Section 147Section 148Section 68

…the transactions and creditworthiness of the parties. These liabilities on the assessee were imposed to justify the cash credit entries under section 68 of the Act by the Hon’ble Calcutta High Court in the case of CIT Vs. Precision finance (p) Ltd reported in 208 ITR 465 wherein it was held as under: “It was for the assessee to prove the identity of the creditors, their creditworthiness and the genuineness of the transactions. On the facts of this case, the Tribunal did not take into account all these ingredients which had to be satisfied by the assessee. Mere furnishing of the particulars was not enough. The enq…

DCIT, Central Circle-1(2), Ahmedabad vs. M/S.Dharmen Marble & Stone, Ahmedabad

In the result appeal of the Revenue is dismissed

ITA 794/AHD/2019[2010-11]Status: DisposedITAT Ahmedabad27 Apr 2022AY 2010-11

Bench: Shri Waseem Ahmed & Ms Madhumita Royआयकर अपील सं./Ita No. 794/Ahd/2019 With C.O.No.171/Ahd/2019 िनधा"रण वष"/Asstt. Year: 2010-2011 D.C.I.T., M/S. Dharmen Marble & Stone, Central Circle-1(2), Vs. 16-B, Jadav Chamber, Ahmedabad. Ashram Road, Ahmedabad-380009. Pan: Aabfd5172B

For Appellant: Ms Nupur Shah, A.RFor Respondent: Shri Vijaykumar Jaiswal, CIT, D.R
Section 143(3)Section 147Section 148Section 68

…ies. These liabilities on the assessee were imposed to justify the cash credit entries under section 68 of With C.O.No.171/Ahd/2019 Asstt. Year 2010-11 24 the Act by the Hon’ble Calcutta High Court in the case of CIT Vs. Precision finance (p) Ltd reported in 208 ITR 465 wherein it was held as under: “It was for the assessee to prove the identity of the creditors, their creditworthiness and the genuineness of the transactions. On the facts of this case, the Tribunal did not take into account all these ingredients which had to be satisfied by the assessee. Mere furnishing of the particulars was not enough. The en…

Leelavati Vijaykumar Kotecha, Jalgaon vs. Deputy Commissioner of Income-Tax

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

ITA 1296/PUN/2016[2010-11]Status: DisposedITAT Pune26 Apr 2022AY 2010-11

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / Ita No.1296/Pun/2016 िनधा"रण वष" / Assessment Year: 2010-11 Leelavati Vijaykumar Vs. Dcit, Central Circle- Kotecha, 2(1), Nashik. 4, Teachers Colony, Ring Road, Jalgaon- 425001. Pan : Alvpk4435H Appellant Respondent Assessee By : Shri Bhupendra Shah Revenue By : Shri J. P. Chadraker Date Of Hearing : 21.03.2022 Date Of Pronouncement : 26.04.2022 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals)- 12, Pune [‘Cit(A)’ For Short] Dated 21.03.2016 For The Assessment Year 2010-11. 2. This Is A Recalled Matter. The Tribunal In Assessee’S Own Case Vide Ita Nos.1294 To 1297/Pun/2016 For The Assessment Years 2007-08, 2008-09, 2010-11 & 2012-13, Order Dated 26.04.2018 Had Adjudicated The Issue Ex-Parte & Dismissed The Above Captioned Appeal Of The Assessee. Thereafter, On Miscellaneous

For Appellant: Shri Bhupendra ShahFor Respondent: Shri J. P. Chadraker
Section 127Section 139Section 143(1)(a)Section 144Section 153ASection 234ASection 271Section 271(1)(b)Section 292BSection 68

…banking channel. 8. On the other hand, ld. CIT-DR submitted that fact that amount was received through banking channel is not a sacrosanct, placing reliance on the decision of the Hon’ble Calcutta High Court in the case of CIT vs. Precision Finance (P.) Ltd., 208 ITR 465 and CIT vs. Korlay Trading Co. Ltd., 232 ITR 820. 9. We heard the rival submissions and perused the material on record. The ground of appeal no.2, 3 and 4 challenges the decision of the ld. CIT(A) confirming the addition of Rs.47,12,511/- received from one Mr. Deepesh Motilal Kotecha stated to have been received towards purchase of shares of Tapi…

Shri Bharat Kumar Agarwal, Jaipur vs. Income Tax Officer, Ward-4-4, Jaipur

In the result, the appeal of the assessee is allowed

ITA 1138/JPR/2019[2012-13]Status: DisposedITAT Jaipur13 Apr 2022AY 2012-13
For Appellant: Shri Sandeep Jhanwar, CAFor Respondent: Smt. Runi Pal, Addl. CIT
Section 143(2)Section 143(3)

…d to the assessee, has been disclosed to the Income-tax Department. Payments were admittedly made by cheque after deduction of tax. The tax deducted as source has duly been deposited. The judgment in the case of CIT vs. Precision Finance Pvt. Ltd. reported in 208 ITR 465 relied upon by Mr.Bhowmick does not really assist him. The aforesaid judgment is an authority for the proposition that mere payment by account payee cheque cannot establish that the transaction was genuine, but in the case beforeus, besides the fact that payment was made by cheque, there are other pieces of evidence available which are as follows…

The ITO, Ward-1(1)(3), Ahmedabad vs. M/S. Capaxo Logistics Pvt. Ltd, Ahmedabad

In the result, the CO filed by the assessee is dismissed

ITA 1264/AHD/2019[2010-11]Status: DisposedITAT Ahmedabad13 Apr 2022AY 2010-11

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedआयकर अपील सं./Ita No. 1264/Ahd/2019 With C.O.No.190/Ahd/2019 िनधा"रण वष"/Asstt. Year: 2010-2011 I.T.O., M/S. Capaxo Logistics Pvt. Ltd., Ward-1(1)(3), Vs. 302, Third Floor, Ahmedabad. 3Rd Eye, C.G.Cross Road, Ambawadi, Ahmedabad.

For Appellant: Ms Nupur Shah, A.RFor Respondent: Shri Vijaykumar Jaiswal, CIT. D.R
Section 68

…he transactions and creditworthiness of the parties. These liabilities on the assessee were imposed to justify the cash credit entries under Section 68 of the Act by the Hon’ble Calcutta High Court in the case of CIT Vs. Precision Finance (P) Ltd. reported in 208 ITR 465 wherein it was held as under: “It was for the assessee to prove the identity of the creditors, their creditworthiness and the genuineness of the transactions. On the facts of this case, the Tribunal did not take into account all these ingredients which had to be satisfied by the assessee. Mere furnishing of the particulars was not enough. “ With…

The DCIT, Circle-4, Ahmedabad vs. Shri Yogeshkumar Gupta, Ahmedabad

In the result appeal of the Revenue is hereby dismissed

ITA 416/AHD/2016[2006-07]Status: DisposedITAT Ahmedabad23 Mar 2022AY 2006-07

Bench: Shri Waseem Ahmed & Ms Madhumita Royआयकर अपील सं./Ita No. 416/Ahd/2016 िनधा"रण वष"/Asstt. Year:2006-2007 D.C.I.T., Shri Yogesh Kumar Gupta, Circle-4, Vs. 19, Samrpan Bunglow, Ahmedabad. Nr. Judges Bunglow Road, Satellite, Ahmedabad-380051. Pan: Acqpg9641R

For Appellant: Shri Aseem L. Thakkar, A.RFor Respondent: Shri Vijaykumar Jaiswal, CIT.D.R
Section 143(3)Section 68

…he transactions and creditworthiness of the parties. These liabilities on the assessee were imposed to justify the cash credit entries under Section 68 of the Act by the Hon’ble Calcutta High Court in the case of CIT Vs. Precision Finance (P) Ltd. reported in 208 ITR 465 wherein it was held as under: “It was for the assessee to prove the identity of the creditors, their creditworthiness and the genuineness of the transactions. On the facts of this case, the Tribunal did not take into account all these ingredients which had to be satisfied by the assessee. Mere furnishing of the particulars was not enough. “ 10.1…

Shri Syed Sohaib Ali, Bhopal vs. The DCIT - 1 (1), Bhopal

In the result, the appeal of the assessee is allowed

ITA 221/IND/2021[2010-11]Status: DisposedITAT Indore21 Mar 2022AY 2010-11

Bench: Shri Mahavir Prasad & Shri Bhagirath Mal Biyani

For Appellant: Shri N.D. PatwaFor Respondent: Shri Amit Soni, Sr. DR
Section 143(2)Section 143(3)Section 234Section 271(1)(c)Section 68

…the source of cash deposits is upon the assessee, which the assessee has not discharged. The Ld. CIT(A)-NFAC has also relied upon the following decisions: (i) M/s Shankar Industries Vs. CIT 114 ITR 489 (Cal) (1978) (ii) M/s Precision Finance (P) Ltd. Vs. CIT 208 ITR 465 (Cal) (1994) (iii) B.R. Petrochem (P) Ltd. Vs. ITO, Ward-1(1), Chennai, 407 ITR 87 (Mad) (2018) (iv) CIT Vs. N.R. Portfolio (P) Ltd. (Delhi) (2014) (v) Pr. CIT (Central)-1 Vs. NRA Iron & Steel (P) Ltd. 412 ITR 161 (SC) 2019 8. Before us, the Ld. AR relied upon the submissions made by the assessee before the lower authorities and argued that thou…

The DCIT, Central Circle-1(1), Ahmedabad vs. Prathmesh Land Developers, Ahmedabad

In the result appeal of Revenue is dismissed

ITA 1382/AHD/2019[2013-14]Status: DisposedITAT Ahmedabad28 Feb 2022AY 2013-14

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

For Respondent: Ms Nupur Shah, A.R
Section 132Section 68

…the transactions and creditworthiness of the parties. These liabilities on the assessee were imposed to justify the cash credit entries under section 68 of the Act by the Hon’ble Calcutta High Court in the case of CIT Vs. Precision finance (p) Ltd reported in 208 ITR 465 wherein it was held as under: “It was for the assessee to prove the identity of the creditors, their creditworthiness and the genuineness of the transactions. On the facts of this case, the Tribunal did not take into account all these ingredients which had to be satisfied by the assessee. Mere furnishing of the particulars was not enough. The enq…

The DCIT, Central Circle-1(1), Ahmedabad vs. Priyesh Housing Developers, Ahmedabad

In the result appeal of Revenue is dismissed

ITA 1379/AHD/2019[2013-14]Status: DisposedITAT Ahmedabad28 Feb 2022AY 2013-14

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

For Respondent: Ms Nupur Shah, A.R
Section 132Section 68

…the transactions and creditworthiness of the parties. These liabilities on the assessee were imposed to justify the cash credit entries under section 68 of the Act by the Hon’ble Calcutta High Court in the case of CIT Vs. Precision finance (p) Ltd reported in 208 ITR 465 wherein it was held as under: “It was for the assessee to prove the identity of the creditors, their creditworthiness and the genuineness of the transactions. On the facts of this case, the Tribunal did not take into account all these ingredients which had to be satisfied by the assessee. Mere furnishing of the particulars was not enough. The enq…

M/S. Baba Bhootnath Commex Private Limited, Kolkata vs. ITO, Ward - 7(1), Kolkata

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

ITA 64/KOL/2018[2012-13]Status: DisposedITAT Kolkata07 Feb 2022AY 2012-13
Section 131Section 133(6)Section 145(2)Section 250Section 68

…out properly appreciating the facts and evidences filed and Summarily rejecting the contentions of the assessee by relying on the judgement in the case of CIT vs. Nipun Builders Pvt. Ltd (2013) 30 taxmann 292 (Delhi), CIT v. Precision Finance Pvt. Ltd. (1994) 208 ITR 465 (Calcutta) and Raj Mandir Estates Pvt. Ltd v. PCIT, Kolkata (Calcutta HC) when the facts of the said case were quite different from the case in hand. 2 For that the Ld. CIT(A) erred in confirming the addition made by the Ld AO whereas the assessment itself bad in law since the notice u/s 145(2) was not served within six months from the end of the…

The ACIT, Circle-2(1)(2), Ahmedabad vs. Jas Infraspace Private Limited, Ahmedabad

In the result, appeal of the Revenue is dismissed

ITA 547/AHD/2018[2014-15]Status: DisposedITAT Ahmedabad28 Jan 2022AY 2014-15

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

Section 131Section 133ASection 150Section 292CSection 34Section 69B

…the transactions and creditworthiness of the parties. These liabilities on the assessee were imposed to justify the cash credit entries under section 68 of the Act by the Hon’ble Calcutta High Court in the case of CIT Vs. Precision finance (p) Ltd reported in 208 ITR 465 wherein it was held as under: “It was for the assessee to prove the identity of the creditors, their creditworthiness and the genuineness of the transactions. On the facts of this case, the Tribunal did not take into account all these ingredients which had to be satisfied by the assessee. Mere furnishing of the particulars was not enough. The enq…