Dy. CIT v. Smt. Phoolwati Devi

122 TTJ 502Income Tax Appellate Tribunal2009#22229 most cited
3

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2021 to 2026.

Sections most often in play

Section 133(6)Section 143(3)Section 68Section 115BBESection 142(1)Section 147Section 148Section 263

Judgments citing Dy. CIT v. Smt. Phoolwati Devi

Veeresh Wali, Bengaluru vs. Income Tax Officer, Ward-2(2)(2), Bangalore

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

ITA 2413/BANG/2025[2017-18]Status: DisposedITAT Bangalore05 Mar 2026AY 2017-18

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessment Year: 2017-18

For Appellant: Shri Siva Prasad Reddy, ITPFor Respondent: Shri Ganesh R Ghale, Advocate – Standing
Section 133(6)Section 142(1)Section 143(3)Section 250Section 263Section 69A

…al, the mere time gap between withdrawal and redeposit cannot, by itself, does not justify an addition under section 69A of the Act. 11.3 The learned DR has placed reliance on the decision of the Delhi Bench of the Tribunal in Dy. CIT v. Smt. Phoolwati Devi (122 TTJ 502). We find that the said decision was rendered in the context of section 68 . Page 10 of 11 involving alleged loan credits from third parties. In that case, the Tribunal found uniform and suspicious features such as immediate cash deposits in the creditors’ accounts preceding the issuance of drafts, absence of creditworthiness, lack of regular b…

DCIT, Central Circle-3(1), Kolkata vs. Gateway Financial Services Limited, Kolkata

In the result, appeal of the revenue is dismissed

ITA 1146/KOL/2023[2016-17]Status: DisposedITAT Kolkata30 Jul 2025AY 2016-17

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyआयकर अपील सं/Ita No.1146/Kol/2023 (नििाारण वर्ा / Assessment Year : 2016-2017) Dcit, Central Circle-3(1), Vs Gateway Financial Services Ltd, Kolkata 2Nd Floor, Room No.209-210, Jasmine Tower, 31, Shakespeare Sarani, West Bengal-700017 Pan No. :Aabcg 1634 L (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) राजस्वकीओरसे /Revenue By : Shri P.N. Barnwal, Cit-Dr नििााररतीकीओरसे /Assessee By : Shri Akkal Dudhwewala, Fca सुिवाई की तारीख / Date Of Hearing : 09/07/2025 घोर्णा की तारीख/Date Of Pronouncement : 30/07/2025 आदेश / O R D E R Per Rajesh Kumar, Am: This Is An Appeal Filed By The Revenue Against The Order Dated 27.07.2023, Passed By The Ld. Cit(A), Kolkata-21, For The Assessment Year 2016-2017. 2. This Appeal Is Barred By 25 Days. Looking To The Facts & Circumstances Of The Case, The Delay Of 25 Days In Filing The Appeal Is Condoned & The Appeal Is Admitted & Disposed Off Accordingly. 3. The Only Issue Raised By The Revenue Is Against The Deleting The Addition Of Rs.15.05 Crores By The Ld. Cit(A) As Made By The Ao U/S.68 Of The Act In Respect Of Unsecured Loan Received By The Assessee During The Year.

For Appellant: Shri Akkal Dudhwewala, FCAFor Respondent: Shri P.N. Barnwal, CIT-DR
Section 133(6)Section 147Section 148Section 68Section 69C

…able on facts and found to be non- applicable in the instant case. The ld.CIT-DR has also relied on the following decisions :- i) Seema Jain, [2018] 96 taxmann.com 307 (Delhi) ii) J.K.Global, [2024] 167 taxmann.com 15 (Mumbai-Trib.) Smt. Phoolwati Devi [2009] 122 TTJ 502 (Delhi) iii) 8. The above decisions were filed to cement the argument that repayment of loan is notto be seen for making addition u/s.68 of the Act whereas the Hon’ble Gujarat High Court in the case of Ambe Tradecorp (P.) Ltd., reported in [2022] 145 taxmann.com 27 (Gujarat), has held that where the loan was repaid in the current or subsequent y…

M/S Ashnihi, Mumbai vs. ITO Ward 19 (1)(2), Mumbai

In the result, appeal of the assessee is partly allowed

ITA 40/MUM/2020[2007-08]Status: DisposedITAT Mumbai23 Jul 2021AY 2007-08
Section 143(1)Section 143(3)Section 148

…IN THE INCOME TAX APPELLATE TRIBUNAL, ‘A‘ BENCH MUMBAI BEFORE: SHRI SAKTIJIT DEY, JUDICIAL MEMBER & SHRI M.BALAGANESH, ACCOUNTANT MEMBER M/s. Ashinihi Vs. ITO Ward 19(1)(2) 219, 2nd Matru Mandir 702, Satyaprasad CHSL Plot No.192, Mumbai – 400 007 Dixit Cross Road Vile Parle East Mumbai- 400 057 PAN/GIR No. AAGFA0866N (Appellant) .. (Respondent) Assessee by Ms. Dinkle Hariya Revenue by Shri Brajendra Kumar Date of Hearing 20/07/2021 Date of Pronouncement 23/07/2021 आदेश / O R D E R PER M. BALAGANESH (A.M): This appeal in ITA No.40/Mum/2020 for A.Y.2007-08 arises out of the order by the ld. Commissioner of I…

Dy. CIT v. Smt. Phoolwati Devi (122 TTJ 502) — Cited in 3 Judgments | BharatTax