CITATION EXTRACT OF JUDGEMENT Kohinoor Enterprises v. Held

410 ITR 153Reported decision2019#20803 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2023 to 2025.

Sections most often in play

Section 115BBE Section 133(6)Section 142(1)Section 143(3)Section 143(3A)Section 143(3B)Section 150 Section 68

Issues it is cited on

genuineness of the transaction section 68 previous year section 142(1)document section 143(3)business interest

Judgments citing CITATION EXTRACT OF JUDGEMENT Kohinoor Enterprises v. Held

M/S Stanford Developers, Neemrana Alwar vs. Income Tax Officer, Behror

In the result, the appeal filed by the assessee is partly allowed

ITA 405/JPR/2025[2018-19]Status: DisposedITAT Jaipur10 Sept 2025AY 2018-19

Bench: Him.

For Appellant: Sh. S. L. Poddar, Adv. &For Respondent: Mrs. Alka Gautam, CIT- DR a

Section 115BSection 142(1)Section 143(1)Section 143(3)Section 68

…the money existed in the earlier years in the books of the firm. It is settled position of law that brought forward balances cannot be subjected to tax u/s 68 in subsequent years. The following decisions are quoted in support :- (1) Kohinoor EnterpsiesVs. CIT 410 ITR 153 (2) ACIT Vs. Sun and Sun Inframetric P. Ltd (2024) 460 ITR 258 (Chattisgarh HC) (3) CIT Vs. ParmeshwarBohra (2008) 301 ITR 404 (Rajasthan HC) 2. Rs. 13,30,000 credited on 01/04/2017 It was submitted that during the course of assessment proceedings that Shri Ram Chandra Milk Diary Pvt. Ltd was a creditor in the books of accounts of the assessee fi…

ACIT., Circle-1(1), Tirupati vs. Ponnambalam Krishnan, Chittoor

In the result, the appeal of the revenue and cross objections of the assessee are partly allowed for statistical purposes in above terms

ITA 655/HYD/2024[2017-18]Status: DisposedITAT Hyderabad20 Sept 2024AY 2017-18

Bench: Shri Manjunatha G, Accountnat Member & Shri Prakash Chand Yadavआ.अपी.सं /Ita No.655/Hyd/2024 (निर्धारण वर्ा/Assessment Year:2017-18) Asst. Commissioner Of Income Shri Ponnambalam Krishnan, Tax, Circle 1(1), Tirupati. Vs. Ekjambarakuppam, Chittoor, A.P. Pan : Bedpk5641B (Appellant) (Respondent) C.O. No.11/Hyd/2024 (Assessment Year:2017-18) (By Assessee) निर्धाररती द्वधरध/Assessee By: Shri E. Phalguna Kumar, C.A. रधजस् व द्वधरध/Revenue By: Shri Srinath Sadanala,Sr-Dr सुिवधई की तधरीख/Date Of 10/09/2024 Hearing: घोर्णध की रीख/Pronouncement: 20/09/2024

For Appellant: Shri E. Phalguna Kumar, C.AFor Respondent: Shri Srinath Sadanala,SR-DR

Section 142(1)Section 144Section 40Section 68

…deration. It is settled position of law that the provisions of section 68 cannot be invoked for the 7 C.O. No.11/Hyd/2024 opening balance coming out from the previous year. A reference can be made to the following judgments: (i) Kohinoor Enterprises Vs. ACIT 410 ITR 153 (J & K) (ii) CIT Vs. Parmeshwar Bohra 301 ITR 404 (Raj) 18. In the above cases, it has been unanimously held that provisions of section 68 can only be applied for the current year credits. Therefore, we affirm the view of the Ld. CIT(A) and delete the addition of Rs.91,32,966/-. 19. So far as the remaining credits of Rs.7,43,028/-, we remit the m…

Winner Diamond Tools Pvt. Ltd., Delhi vs. ACIT, Circle-27(2), Delhi

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

ITA 1997/DEL/2021[2016-17]Status: DisposedITAT Delhi24 Aug 2023AY 2016-17

Bench: Shri N.K.Billaiya & Shri Kul Bharat[Assessment Year : 2016-17] Winner Diamond Tools Pvt.Ltd., Vs Acit, T-31, 3Rd Floor, Plot No.2, Circle-27(2), Manish Global Mall, Sector-22, Delhi. Dwarka, New Delhi-110077. Pan-Aaacw0184G Appellant Respondent Appellant By Shri Hari Krishan, Ca Respondent By Shri Amit Katoch, Sr.Dr Date Of Hearing 21.08.2023 Date Of Pronouncement 24.08.2023

Section 68

…e of these amounts were received by the assessee in the previous year relevant to Assessment Year 2016-17 under consideration. As such the provisions of section 68 of the Income Tax Act are not applicable to these amounts. In the case of Kohinoor Enterprises 410 ITR 153 (J&K)an addition was made in Assessment Year 2007-08 on account of a credit of Rs.1,50,00,000/- which was carried forward from the earlier years. In the appeal before the Hon'ble High Court the counsel of the assessee argued that, the said loan does not relate to the Assessment Year 2007-08 and, in no case, it can be considered as an addition in…

Tyhe ITO-4(5), Indore vs. M/S. Urvashi World Wide P. Ltd., Indore

In the result, the appeal filed by the Revenue is dismissed

ITA 569/IND/2019[2012-13]Status: DisposedITAT Indore30 Jan 2023AY 2012-13

Bench: Shri C.M. Garg & Shri Bhagirath Mal Biyaniassessment Year: 2012-13

For Appellant: Shri .P.D. Nagar, CAFor Respondent: Shri P.K. Mishra, CIT, DR

Section 131(1)Section 143(3)Section 68

…nt was not found credited in the books of the assessee during the year under consideration. Kind attention is invited to the following judgments :- CITATION EXTRACT OF JUDGEMENT Kohinoor Enterprises vs. Held “That the loan of Rs. 15 lacs had been ACIT (2019) 410 ITR 153 continuously carried forward from AY 2001-02. The ( J& K) . loan did not relate to AY 2007-08 and in no case it can be considered as an addition in AY 2007-08.” CIT vs. V.P. Singh (2013) Held “That the assesse had submitted the balance 357 ITR 681 (P&H) sheet before the Assessing Officer and in the balance sheet the closing balance or cash in han…