DCIT v. Rohini Builders

256 ITR 360High Court2002#142 most cited

What is DCIT v. Rohini Builders authority for?

An assessee discharges the initial onus under Section 68 for cash credits by providing creditor details like PAN and addresses, proving creditworthiness via banking transactions, and demonstrating genuineness, especially when loans are repaid through cheques.

489

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2011 to 2026.

Also referred to as

DCIT v. Rohini Builders · Rohini Builders · Section 68 · cash credit · initial onus · identity creditworthiness genuineness · repayment of loan · cheque payments · PAN · unexplained cash credit

Also reported as

182 CTR 373127 Taxmann.com 523

Sections most often in play

Section 68Section 143(3)Section 133(6)Section 147Section 132Section 69ASection 148Section 131

Issues it is cited on

creditworthiness of the creditorsource of sourcestatement under section 132(4)permanent account numberaddition under section 68retracted statementpaper companyshare application moneygenuineness of the transactionaddition u/s 68section 131section 133(6)

Judgments citing DCIT v. Rohini Builders

Deputy Commissioner of Income -Tax Central Circle-1(1), Ahmedabad, Gujarat vs. Girishkumar Amratlal Bhandari HUF, Himatnagar, Gujarat

In the result, the appeal of the Department is allowed and the order of

ITA 977/AHD/2025[2018-19]Status: DisposedITAT Ahmedabad04 Nov 2025AY 2018-19
For Respondent: Shri Abhijit Sr.DR
Section 132Section 143(1)Section 143(3)Section 144BSection 147Section 250Section 37(1)Section 68

…pital gain on sale of the same scrip of Kushal Tradelink Ltd. in the preceding year, and therefore, it was contradictory to treat the long-term gain from the same scrip as bogus. The assessee relied on judicial precedents such as CIT v. Rohini Builders [2002] 256 ITR 360 (Guj), Dharmdev Finance (P.) Ltd. v. CIT [2014] 43 taxmann.com 395 (Guj), and PCIT v. Genuine Finance Pvt. Ltd. [Tax Appeal No. 222 of 2023 (Guj)], to argue that once the identity, genuineness, and creditworthiness were established, the burden stood discharged and no addition under section 68 was warranted. The assessee also referred to the order…

Samrat Finvestors Private Limited, Kolkata vs. DCIT, Cent. Cir. 4(2), Kolkata

In the result, the appeals of the assessee are partly allowed

ITA 1038/KOL/2025[2016-2017]Status: DisposedITAT Kolkata16 Oct 2025AY 2016-2017

Bench: Shri Rajesh Kumar, Am & Shrigeorge Mathan, Jm

For Appellant: Shri Soumitra Choudhury, ARFor Respondent: Shri Sanat Kumar Raha, DR
Section 131Section 143(3)Section 263Section 68

…e requirement of section 68 of the Act. 017. The Assessee relied on the decision of the Hon’ble Supreme Court in the case of Orissa Corporation 159 ITR 360 which was followed by the Hon'ble Gujarat High Court, in the case of Dy. CIT v. Rohini Builders [2002] 256 ITR 360 /[2003] 127 Taxman 523, wherein it was held when the assessee furnishes names and addresses of the alleged creditors and the GIR numbers, the burden shifts to the Department to establish the Revenue's case and in order to sustain the addition the Revenue has to pursue the enquiry and to establish the lack of creditworthiness and mere non-complian…

Samrat Finvestors Private Limited, Kolkata vs. DCIT, Cent. Cir. 4(2), Kolkata

In the result, the appeals of the assessee are partly allowed

ITA 1037/KOL/2025[2015-2016]Status: DisposedITAT Kolkata16 Oct 2025AY 2015-2016

Bench: Shri Rajesh Kumar, Am & Shrigeorge Mathan, Jm

For Appellant: Shri Soumitra Choudhury, ARFor Respondent: Shri Sanat Kumar Raha, DR
Section 131Section 143(3)Section 263Section 68

…e requirement of section 68 of the Act. 017. The Assessee relied on the decision of the Hon’ble Supreme Court in the case of Orissa Corporation 159 ITR 360 which was followed by the Hon'ble Gujarat High Court, in the case of Dy. CIT v. Rohini Builders [2002] 256 ITR 360 /[2003] 127 Taxman 523, wherein it was held when the assessee furnishes names and addresses of the alleged creditors and the GIR numbers, the burden shifts to the Department to establish the Revenue's case and in order to sustain the addition the Revenue has to pursue the enquiry and to establish the lack of creditworthiness and mere non-complian…

Samrat Finvestors Private Limited, Kolkata vs. DCIT, Cent. Cir. 4(2), Kolkata

In the result, the appeals of the assessee are partly allowed

ITA 1036/KOL/2025[2014-2015]Status: DisposedITAT Kolkata16 Oct 2025AY 2014-2015

Bench: Shri Rajesh Kumar, Am & Shrigeorge Mathan, Jm

For Appellant: Shri Soumitra Choudhury, ARFor Respondent: Shri Sanat Kumar Raha, DR
Section 131Section 143(3)Section 263Section 68

…e requirement of section 68 of the Act. 017. The Assessee relied on the decision of the Hon’ble Supreme Court in the case of Orissa Corporation 159 ITR 360 which was followed by the Hon'ble Gujarat High Court, in the case of Dy. CIT v. Rohini Builders [2002] 256 ITR 360 /[2003] 127 Taxman 523, wherein it was held when the assessee furnishes names and addresses of the alleged creditors and the GIR numbers, the burden shifts to the Department to establish the Revenue's case and in order to sustain the addition the Revenue has to pursue the enquiry and to establish the lack of creditworthiness and mere non-complian…

Samrat Finvestors Private Limited, Kolkata vs. ITO, Ward 5(2) (Now DCIT, Cent.Cir. 4(2)), Kolkata

In the result, the appeals of the assessee are partly allowed

ITA 1035/KOL/2025[2012-2013]Status: DisposedITAT Kolkata16 Oct 2025AY 2012-2013

Bench: Shri Rajesh Kumar, Am & Shrigeorge Mathan, Jm

For Appellant: Shri Soumitra Choudhury, ARFor Respondent: Shri Sanat Kumar Raha, DR
Section 131Section 143(3)Section 263Section 68

…e requirement of section 68 of the Act. 017. The Assessee relied on the decision of the Hon’ble Supreme Court in the case of Orissa Corporation 159 ITR 360 which was followed by the Hon'ble Gujarat High Court, in the case of Dy. CIT v. Rohini Builders [2002] 256 ITR 360 /[2003] 127 Taxman 523, wherein it was held when the assessee furnishes names and addresses of the alleged creditors and the GIR numbers, the burden shifts to the Department to establish the Revenue's case and in order to sustain the addition the Revenue has to pursue the enquiry and to establish the lack of creditworthiness and mere non-complian…

DCIT, Central Circle - 4(4), Kolkata vs. M/S. Evernewcommodeal Pvt. Ltd., Kolkata

In the result, ITA No.1535/Kol/2025 of the revenue is dismissed

ITA 1536/KOL/2025[2019-20]Status: DisposedITAT Kolkata10 Oct 2025AY 2019-20

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyita Nos.1535 & 1536/Kol/2025 Assessment Years: 2018-19 & 2019-20 Dcit, Central Circle-4(4), Kolkata.…………………………….…….……Appellant Vs. M/S Evernewcommodeal Pvt. Ltd..……………….………...……...…..…..Respondent 11, Pollock Street, Kol- 1. [Pan: Aabce9293P] Appearances By: Shri Altaf Hossain, Addl. Cit-Dr, Appeared On Behalf Of The Appellant. Shri Manish Tiwari, Fca, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : September 17, 2025 Date Of Pronouncing The Order : October 10, 2025 Order Per Pradip Kumar Choubey: Both The Captioned Appeals Have Been Preferred By The Assessee For The Assessment Years 2018-19 & 2019-20 Against Separate Orders Both Dated 25.04.2025 Of The Commissioner Of Income Tax (Appeals)-27, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Respectively. Since, The Issues Involved In Both The Appeals Are Common & Relate To The Same Assessee, Therefore, These Appeals Have Been Heard Together & Are Being Disposed Of By This Consolidated Order. Ita No.1535/Kol/2025 Is Taken As Lead Case For Narration Of Facts. Ita No.1535/Kol/2025 - Brief Facts Of The Case Are That U/S 2. 139(1) Of The Act On 10-10-2019 Declaring A Total Income At Rs. 10,02,960/-. The Same Was Processed U/S 143(1) Of The Act. Later, A Search & Seizure Operation U/S 132 Of The Act Was Conducted At "Ladhuram Toshniwal Group" On 08-03-2022 As A Part Of "Jain Group" Of Concerns/ Persons At Various Places & Simultaneously, Business

Section 127Section 132Section 133ASection 142(1)Section 143(1)Section 143(2)Section 147Section 148Section 2Section 250

…afton Merchants Pvt Ltd, or in account of assessee while making repayment of loan or repayment of interest–Hence, there was no need to suspect entire gamut of transaction .” d) The Hon’ble High Court of Gujarat, in the case of ‘DCIT Vs. Rohini Builders (2002) 256 ITR 360 (Guj)’ had held as under: “That the tribunal having deleted the addition under s. 68 accepting the genuineness of loans which were received and repaid by assessee by account payee cheques, assessee having established the identity of the creditors by giving their complete addresses, GIR numbers/PAN as well as confirmations along with the copies of…

DCIT, Central Circle - 4(4), Kolkata vs. M/S. Evernewcommodeal Pvt. Ltd., Kolkata

In the result, ITA No.1535/Kol/2025 of the revenue is dismissed

ITA 1535/KOL/2025[2018-19]Status: DisposedITAT Kolkata10 Oct 2025AY 2018-19

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyita Nos.1535 & 1536/Kol/2025 Assessment Years: 2018-19 & 2019-20 Dcit, Central Circle-4(4), Kolkata.…………………………….…….……Appellant Vs. M/S Evernewcommodeal Pvt. Ltd..……………….………...……...…..…..Respondent 11, Pollock Street, Kol- 1. [Pan: Aabce9293P] Appearances By: Shri Altaf Hossain, Addl. Cit-Dr, Appeared On Behalf Of The Appellant. Shri Manish Tiwari, Fca, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : September 17, 2025 Date Of Pronouncing The Order : October 10, 2025 Order Per Pradip Kumar Choubey: Both The Captioned Appeals Have Been Preferred By The Assessee For The Assessment Years 2018-19 & 2019-20 Against Separate Orders Both Dated 25.04.2025 Of The Commissioner Of Income Tax (Appeals)-27, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Respectively. Since, The Issues Involved In Both The Appeals Are Common & Relate To The Same Assessee, Therefore, These Appeals Have Been Heard Together & Are Being Disposed Of By This Consolidated Order. Ita No.1535/Kol/2025 Is Taken As Lead Case For Narration Of Facts. Ita No.1535/Kol/2025 - Brief Facts Of The Case Are That U/S 2. 139(1) Of The Act On 10-10-2019 Declaring A Total Income At Rs. 10,02,960/-. The Same Was Processed U/S 143(1) Of The Act. Later, A Search & Seizure Operation U/S 132 Of The Act Was Conducted At "Ladhuram Toshniwal Group" On 08-03-2022 As A Part Of "Jain Group" Of Concerns/ Persons At Various Places & Simultaneously, Business

Section 127Section 132Section 133ASection 142(1)Section 143(1)Section 143(2)Section 147Section 148Section 2Section 250

…afton Merchants Pvt Ltd, or in account of assessee while making repayment of loan or repayment of interest–Hence, there was no need to suspect entire gamut of transaction .” d) The Hon’ble High Court of Gujarat, in the case of ‘DCIT Vs. Rohini Builders (2002) 256 ITR 360 (Guj)’ had held as under: “That the tribunal having deleted the addition under s. 68 accepting the genuineness of loans which were received and repaid by assessee by account payee cheques, assessee having established the identity of the creditors by giving their complete addresses, GIR numbers/PAN as well as confirmations along with the copies of…

Dy.Commissioner of Income Tax, CC-2, Kanpur vs. Shri.Mohammad Asfand Akhtar, Kanpur

In the result, the appeal of Revenue in ITA

ITA 144/LKW/2022[2018-19]Status: DisposedITAT Lucknow26 Sept 2025AY 2018-19

Bench: Shri Sudhanshu Srivastava & Shri Anadee Nath Misshraassessment Year: 2018-19 Dcit, Cc-2 V. Shri Mohammad Asfand Laxmi Niwas, 10/503, Akhtar Allenganj, Kanpur-208001. Plot No.02, Block-B, Scheme-39, Ram Rai Ki Sarai, Jajmau, Kanpur Nagar-208010. Tan/Pan: Aempa0823R (Appellant) (Respondent) Assessment Year: 2018-19 Shri Mohammad Asfand Akhtar V. Dcit, Central Circle-Ii Plot No.02, Block-B, Scheme-39, 10/503, Allenganj, Kanpur- Ram Rai Ki Sarai, Jajmau, 208001. Kanpur Nagar-208010. Tan/Pan: Aempa0823R (Appellant) (Respondent) Appellant By: Shri Ashish Jaiswal, Advocate Respondent By: Shri R. K. Agarwal, Cit(Dr) O R D E R

For Appellant: Shri Ashish Jaiswal, AdvocateFor Respondent: Shri R. K. Agarwal, CIT(DR)
Section 143(3)Section 36(1)(va)Section 37Section 41Section 41(1)Section 68Section 69C

…Ltd. (supra) 159 ITR 78 • Hon'ble jurisdictional High Court in the case of CIT vs. Jagdish Prasad Tewari reported in 220 Taxman 141 (Allahabad) ITA. No.139/LKW/2022 Page 14 of 158 • Hon'ble Gujarat High Court, in the case of Dy. CIT v. Rohini Builders [2002] 256 ITR 360 /[2003] 127 Taxman 523 • Nemi Chand Kothari 136 Taxman 213, (supra), the Hon'ble Guahati High Court • CIT v Real Time Marketing (P) Ltd reported in 306 ITR 35 • CIT v. S. Kamaljeet Singh [2005] 147 Taxman 18(AII.) • S.K. Bothra & Sons, HUF vs. Income Tax Officer, Ward- 46(3), Kolkata 347 ITR 347 7.7 The appellant has further also contended in the…

Mohd. Asfand Akhtar, Kanpur vs. Deputi Commissioner of Income Tax CC-2, Kanpur

In the result, the appeal of Revenue in ITA

ITA 139/LKW/2022[2018-19]Status: DisposedITAT Lucknow26 Sept 2025AY 2018-19

Bench: Shri Sudhanshu Srivastava & Shri Anadee Nath Misshraassessment Year: 2018-19 Dcit, Cc-2 V. Shri Mohammad Asfand Laxmi Niwas, 10/503, Akhtar Allenganj, Kanpur-208001. Plot No.02, Block-B, Scheme-39, Ram Rai Ki Sarai, Jajmau, Kanpur Nagar-208010. Tan/Pan: Aempa0823R (Appellant) (Respondent) Assessment Year: 2018-19 Shri Mohammad Asfand Akhtar V. Dcit, Central Circle-Ii Plot No.02, Block-B, Scheme-39, 10/503, Allenganj, Kanpur- Ram Rai Ki Sarai, Jajmau, 208001. Kanpur Nagar-208010. Tan/Pan: Aempa0823R (Appellant) (Respondent) Appellant By: Shri Ashish Jaiswal, Advocate Respondent By: Shri R. K. Agarwal, Cit(Dr) O R D E R

For Appellant: Shri Ashish Jaiswal, AdvocateFor Respondent: Shri R. K. Agarwal, CIT(DR)
Section 143(3)Section 36(1)(va)Section 37Section 41Section 41(1)Section 68Section 69C

…Ltd. (supra) 159 ITR 78 • Hon'ble jurisdictional High Court in the case of CIT vs. Jagdish Prasad Tewari reported in 220 Taxman 141 (Allahabad) ITA. No.139/LKW/2022 Page 14 of 158 • Hon'ble Gujarat High Court, in the case of Dy. CIT v. Rohini Builders [2002] 256 ITR 360 /[2003] 127 Taxman 523 • Nemi Chand Kothari 136 Taxman 213, (supra), the Hon'ble Guahati High Court • CIT v Real Time Marketing (P) Ltd reported in 306 ITR 35 • CIT v. S. Kamaljeet Singh [2005] 147 Taxman 18(AII.) • S.K. Bothra & Sons, HUF vs. Income Tax Officer, Ward- 46(3), Kolkata 347 ITR 347 7.7 The appellant has further also contended in the…

Assistant Commissioner of Income Tax-Circle 4(2)(1), Mumbai vs. Disha Dynamic Buildwell Private Limited, Mumbai

In the result, grounds of appeal raised by revenue are dismissed

ITA 3805/MUM/2024[2014-15]Status: DisposedITAT Mumbai05 Sept 2025AY 2014-15

Bench: Shri Pawan Singh & Shri Prabhash Shankar(Physical Hearing) Acit, Circle – 4(2)(1), Mumbai Disha Dynamic Buildwell Private Limited Room No. 640, 6Th Floor, Vs 101, Janet Castle, Marve Road, Opp. Aayakar Bhavan, M.K. Road, Joseph High School, Orlem Malad West, New Marine Lines, Mumbai – 400064. Mumbai – 400020.] [Pan: Aadcd9697E] Appellant / Revenue Respondent / Revenue

Section 133(6)Section 254(1)Section 68

…nfirmation of lenders, their PAN number, copy of income tax return with bank statement of assessee and lenders along with statement of repayment of loan. The assessee specifically relied on the decision of Gujarat High Court in DCIT vs Rohini Builders (2002) 256 ITR 360, decision of jurisdictional High Court in Orient Trading Co. Ltd. Vs CIT (1963) 49 ITR 723 (Bom) (HC) and decisions of various benches of Tribunal. 4. The ld. CIT(A) on considering the submissions of assessee noted that loan, which is otherwise a capital receipt can only be added by invoking deeming 3 Disha Dynamic Buildwell Private Limited…

DCIT- Central Circle-2(4), Kolkata vs. Vikrma Impex Private Limited, Kolkata

In the result, both the appeals of the revenue are dismissed

ITA 317/KOL/2025[2020-21]Status: DisposedITAT Kolkata25 Aug 2025AY 2020-21

Bench: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]

Section 115BSection 132Section 133(6)Section 153ASection 68Section 69C

…आयकर अपीलीय अधिकरण, कोलकाता पीठ “डी’’, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH: KOLKATA श्री राजेश कुमार, लेखा सटस्य एवं श्री प्रदीप कुमार चौबे, न्याययक सदस्य के समक्ष [Before Shri Rajesh Kumar, Accountant Member &Shri Pradip Kumar Choubey, Judicial Member] I.T.A. Nos. 316 & 317/Kol/2025 Assessment Years: 2019-20 & 2020-21 DCIT, CC-2(4), Kolkata Vs. Vikrma Impex Pvt. Ltd. (PAN: AABCV 0337 K) ) अपीलार्थी ( Respondent / प्रत्यर्थी Appellant / Date of Hearing / सुनवाई 29.07.2025 की यिथर्थ Date of Pronouncement/ 25.08.2025 आदेश उद्घोषणा की यिथर्थ For the assessee / Shri Miraj D Shah, AR यनर्ााररिी क…

DCIT, CC-2(4), Kolkata vs. Vikrma Impex Private Limited, Kolkata

In the result, both the appeals of the revenue are dismissed

ITA 316/KOL/2025[2019-20]Status: DisposedITAT Kolkata25 Aug 2025AY 2019-20

Bench: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]

Section 115BSection 132Section 133(6)Section 153ASection 68Section 69C

…आयकर अपीलीय अधिकरण, कोलकाता पीठ “डी’’, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH: KOLKATA श्री राजेश कुमार, लेखा सटस्य एवं श्री प्रदीप कुमार चौबे, न्याययक सदस्य के समक्ष [Before Shri Rajesh Kumar, Accountant Member &Shri Pradip Kumar Choubey, Judicial Member] I.T.A. Nos. 316 & 317/Kol/2025 Assessment Years: 2019-20 & 2020-21 DCIT, CC-2(4), Kolkata Vs. Vikrma Impex Pvt. Ltd. (PAN: AABCV 0337 K) ) अपीलार्थी ( Respondent / प्रत्यर्थी Appellant / Date of Hearing / सुनवाई 29.07.2025 की यिथर्थ Date of Pronouncement/ 25.08.2025 आदेश उद्घोषणा की यिथर्थ For the assessee / Shri Miraj D Shah, AR यनर्ााररिी क…

Deputy Commissioner of Income Tax, Delhi vs. M/S. Shrish Enterprises Private Limited, Delhi

ITA 5315/DEL/2024[2018-19]Status: DisposedITAT Delhi21 Aug 2025AY 2018-19

Bench: Ms. Madhumita Roy & Shri Naveen Chandradcit, Room No. 225E, Cr Vs. M/S Shrish Enterprise Building, 2Nd Floor, Private Limited, Hall No. Ip Estate, 3 & 4, M-27/2, Badli New Delhi - 110002 Industrial Estate, Badli, Delhi – 110042 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aafcs0684N Appellant .. Respondent

For Appellant: Sh. Nitin Gulati, Adv. &For Respondent: Sh. Manish Gupta, Sr. DR
Section 142(1)Section 143(2)Section 143(3)Section 68

…ety and details are also filed at Paper Book -106 to show that loans have been later on returned to the parties. Thus, at the time of scrutiny assessment, all the loans were repaid by the assessee. The Hon'ble Gujarat High Court in the case of Rohini Builders 256 ITR 360 (Guj.) considering the findings of the Tribunal in which interest have been allowed by the A.O. on loans, therefore, addition on merit of the unexplained loan have been deleted. The view of the Tribunal has been affirmed by the Hon'ble Gujarat High Court. Since in the present case also the 'merest has been allowed as deduction by the A.O, therefo…

Shhlok Triton Associates, Surat vs. Pr. Commissioner of Income Tax, Surat

In the result, the appeal of the appellant is allowed

ITA 638/SRT/2024[2014-15]Status: DisposedITAT Surat19 Aug 2025AY 2014-15

Bench: Shri Sanjay Garg & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.638/Srt/2024 Assessment Year:(2014-15) (Hybrid Hearing) M/S Shhlok Triton Associates, Vs. Pcit – 1, F.P. No. 388, Paikee Udhna Surat Darwaja, Ring Road, Surat "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aclfs6819A (Appellant) (Respondent) Appellant By Shri P. M. Jagasheth, Ca Respondent By Shri Mukesh Jain, Cit (Dr) Date Of Hearing 18/06/2025 Date Of Pronouncement 19/08/2025

Section 143(3)Section 253(3)Section 263

…IN THE INCOME-TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER AND SHRI BIJAYANANDA PRUSETH, ACCOUNTANT MEMBER आयकर अपील सं./ITA Nos.638/SRT/2024 Assessment Year:(2014-15) (Hybrid Hearing) M/s Shhlok Triton Associates, Vs. PCIT – 1, F.P. No. 388, Paikee Udhna Surat Darwaja, Ring Road, Surat "थायीलेखासं./जीआइआरसं./PAN/GIR No: ACLFS6819A (Appellant) (Respondent) Appellant by Shri P. M. Jagasheth, CA Respondent by Shri Mukesh Jain, CIT (DR) Date of Hearing 18/06/2025 Date of Pronouncement 19/08/2025 आदेश / O R D E R PER BIJAYANANDA PRUSETH, AM: This appeal by the assessee emanate…

Rajendra Kumar Agrawal, Jaipur vs. ACIT Cen Cir 1, C-Scheme, Jaipur

In the result, the appeal of the assessee is partly allowed

ITA 538/JPR/2025[2017-2018]Status: DisposedITAT Jaipur12 Aug 2025AY 2017-2018

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

For Appellant: Sh. Rajesh Tetuka, Adv., ARFor Respondent: Sh. Gaurav Awasthi, JCIT, Sr. DR
Section 115BSection 143(3)Section 250Section 68

…, the assessee get relief for an amount of Rs. 1,98,28,375/- [ Rs. 2,01,92,401 less 3,64,026 ]. Thus, when loan stands repaid no addition under Section 68 can be made and is held by the judgment of Hon’ble Gujarat High Court in case of Rohini Builders [2002] 256 ITR 360 37 Rajendra Kumar Agrawal vs. ACIT (Gujarat), wherein the court held that "The genuineness of the transaction is proved by the fact that the payment to the assessee as well as repayment of the loan by the assessee to the depositors is made by account payee cheques and the interest is also paid by the assessee to the creditors by account payee…

Sdc Construction, Jaipur vs. ITO, WD 1(3), Jiapur

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

ITA 347/JPR/2025[2014-15]Status: DisposedITAT Jaipur06 Aug 2025AY 2014-15

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri Sanjeev Mathur, C.AFor Respondent: Mrs. Anita Rinesh, JCIT, Sr. DR a
Section 144BSection 147Section 249(4)(a)Section 68

…the contention of the assessee gets more strength as the assessee repaid those unsecured loans. Thus, when loan stands repaid no addition under Section 68 can be made and is held by the judgment of Hon’ble Gujarat High Court in case of Rohini Builders [2002] 256 ITR 360 (Gujarat), wherein the court held that "The genuineness of the transaction is proved by the fact that the payment to the assessee as well as repayment of the loan by the assessee to the depositors is made by account payee cheques and the interest is also paid by the assessee to the creditors by account payee cheques." Respectfully following the a…

Mahendra Singh Dasana, Kandivali vs. Commissioner of Income Tax (Appeal)-NFAC, Delhi

In the result the appeal filed by the assessee stands

ITA 586/MUM/2025[2017-18]Status: DisposedITAT Mumbai04 Aug 2025AY 2017-18

Bench: Hon’Ble Shri Sandeep Gosain & Shri Girish Agrawal

Section 250Section 69C

…e its ground and made the additions only on the basis of orders passed by the Ld.AO. In support of his arguments Ld. AR relied upon the following judgments: 1. Smt. Sanjeet kanwar Vs. ITO [2022] 143 taxmann.com 266 (Amritsar - Trib) 2. CIT vs. Rohini Builders 256 ITR 36 3. ITI Vs. Amit K. Shah [2016] 71 taxmann.com 256 (Ahd - Trib) 4. Swati Malove Divetia Vs. ITO 5. CIT Vs. Kulwant Rai (2007) 291 ITR 36 (Del) 6. DCIT Vs. Smt. Veen Awasthi ITA No. 215/LKW/2016 7. Neeta Breja Vs. ITO, ITA No. 524/Del/2017 8. Jaspal Singh Sehgal Vs. ITO, ITA No. 5590/Mum/2012 9. ASR Engg. & Projects Ltd. Vs. DCIT 10. Sukhnandan Prem…

Gupta Ashok Kumar, Hyderabad vs. Income Tax Officer, Ward-1(2), Hyderabad

In the result, appeal of the assessee allowed

ITA 376/HYD/2024[2014-15]Status: DisposedITAT Hyderabad25 Jul 2025AY 2014-15

Bench: Shri Manjunatha G & Shri Ravish Sood

For Appellant: CA, P Murali Mohan RaoFor Respondent: Shri Gurpreet Singh, Sr. AR
Section 148Section 68

…ct that the assessee – appellant has repaid back within a very short duration all the questioned loan. When loan stands repaid no addition under Section 68 can be made and is held by the judgment of Hon’ble Gujarat High Court in case of Rohini Builders [2002] 256 ITR 360 (Gujarat), wherein the court held that "The genuineness of the transaction is proved by the fact that the payment to the assessee as well as repayment of the loan by the assessee to the depositors is made by account payee cheques and the interest is also paid by the assessee to the creditors by account payee cheques." 50. Importantly we note tha…

Devika Buildestate Private Limited, Jaipur vs. Income Tax Officer, Jaipur

In the result, the appeal of the assessee is allowed

ITA 525/JPR/2025[2012-13]Status: DisposedITAT Jaipur21 Jul 2025AY 2012-13

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Sh. Vinod Kumar Gupta, CAFor Respondent: Sh. Gautam Singh Choudhary, Addl. CIT
Section 133(6)Section 142(1)Section 143(2)Section 143(3)Section 271(1)(c)

…. Shanti Enterprises [TAX APPEAL NO. 485 of 2008], dated 10.06.2016, held as under: “It is rightly found by the tribunal that the assessee has duly discharged its burden of proof. In the case of Deputy Commissioner of Income Tax v. Rohini Builders reported in 256 ITR 360, amounts were received by the assessee by account payee cheques and initial burden of proving the credits was discharged. It is held that the assessee need not prove the source of the credits and the fact that the explanation was not satisfactory would not automatically result in deeming amounts as income of the assessee. Therefore, in our view,…

DCIT, Central Circle-1(3), Bengaluru vs. Late Shri V G Siddhartha, Represented by Legal Heir Ms. Malvika Hegde, Bengaluru

ITA 2132/BANG/2024[2018-19]Status: DisposedITAT Bangalore16 Jul 2025AY 2018-19

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

For Appellant: Shri C Ramesh, CAFor Respondent: Ms. Neha Sahay, JCIT (DR)
Section 132Section 143(3)Section 153A

…IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH, BANGALORE BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER AND SHRI KESHAV DUBEY, JUDICIAL MEMBER ITA No. 1442 to 1447/Bang/2024 Assessment Years: 2013-14 to 2018-19 Mrs. Malavika Hegde, L/R of Late Shri V.G Siddhartha, No.165, R.V Road, Near Minarva Circle, Bangalore – 560 004. Vs. The Dy. Commissioner of Income Tax, Central Circle - 1(3), Bangalore. PAN – ABXPS 1891 D APPELLANT RESPONDENT ITA No. 2129 to 2132/Bang/2024 Assessment Years: 2015-16 to 2018-19 The Dy. Commissioner of Income Tax, Central Circle - 1(3), Bangalore. Vs. Mrs. Malavika Hegde, L/R of La…