ITO v. Surana Traders

92 ITD 212Income Tax Appellate Tribunal2005#4312 most cited

What is ITO v. Surana Traders authority for?

Additions cannot be made under Section 68 solely because purchasers were not traceable if the assessee provides necessary sales details, maintains complete books of accounts, and a stock register, especially when payments are made through banking channels. The onus is on the revenue to prove the incorrectness or incompleteness of accounts or the accounting method.

28

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2018 to 2026.

Also referred to as

ITO v. Surana Traders · Section 68 · Section 143(3) · Section 147 · cash credits · unexplained money · onus of proof · creditworthiness of creditor · source of source · rejection of books of account · hawala transaction · genuine purchases · banking channel

Issues it is cited on

Judgments citing ITO v. Surana Traders

ITO, WARD-2(3)(1), KANPUR, KANPUR vs. KHANNA SALES (INDIA) PVT. LTD., KANPUR

In the result, the appeal of the Revenue is dismissed

ITA 232/LKW/2025[2017-18]Status: DisposedITAT Lucknow16 Feb 2026AY 2017-18

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2017-18 Ito, Vs. Khanna Sales (India) Pvt. Ltd., Ward-2(3)(1), Kanpur 54/34, Nayaganj, Kanpur Pan: Aabck4442N (Appellant) (Respondent) Assessee By: Sh. Swarn Singh, C.A. Revenue By: Sh. Amit Kumar, Addl. Cit Dr Date Of Hearing: 20.11.2025 Date Of Pronouncement: 16.02.2026 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Revenue Against The Orders Of The Ld. Cit(A), Nfac Wherein The Ld. Cit(A) Has Allowed The Appeal Of The Assessee Against The Orders Of The Ld. Ao Passed Under Section 143(3) For The A.Y. 2017- 18 On 29.12.2019. The Grounds Of The Appeal Are As Under: - “1- Ld. Cit (A) Has Erred In Law & Facts By Not Appreciating The Pattern Of Cash Sales Discussed By The Assessing Officer In Detail In His Order Which Shows A Substantial Jump Of 38% Of Total Sales In The Month Of October, 2016 I.E. The Period Immediately Prior To Demonetization In November, 2016. Cash Sales Before & After This Period Is Negligible. 2. That The Appellant Craves Leave To Add Or Amend Any One Or More Of The Grounds Of Appeal As Stated Above As & When Need For Doing So May Arise. 3. Ld. Cit(A) Has Erred In Law & Facts In Deleting The Addition Of 3 Rs. 2,64.19.000/- On Account Of Cash Deposits U/S 68 Of The Income Tax Act 1961. 4. Ld. Cit(A) Has Erred In Law & Facts By Not Appreciating That U/S 68 The Ao Is Not Required To Reject The Books Of Accounts. The Only Requirement Is That, If The Explanation Offered By The Assessee Is Not, In The Opinion Of The Assessing Officer Satisfactory, The Sum (Cash Sales) So Credited Can Be Charged To Income-Tax As The Income Of The Assessee Of That Previous Year.”

For Appellant: Sh. Swarn Singh, C.AFor Respondent: Sh. Amit Kumar, Addl. CIT DR
Section 143(3)Section 68

…held to be genuine, the corresponding sales by any stretch of imagination could not be termed to be a Hawala transaction. For the aforesaid proposition, the ITAT placed reliance on the judgment of the Mumbai Bench in the case of ITO vs. Surana Traders (2005) 93 TTJ 875. 4. The ld. CIT(A) noted these arguments and held them to be technically correct because the provisions under section 145(3) had not been specifically invoked in the assessment order. Therefore, only the profit on turnover could be assessed as the amounts spent on genuine purchases had to be allowed. He looked at the additions made by the AO under…

INCOME TAX OFFICER, WARD-3(2)(6), SURAT vs. RAJAL RAJENDRAABHAI PATEL, SURAT

In the result, the appeal of the Revenue is dismissed

ITA 36/SRT/2023[2017-18]Status: DisposedITAT Surat26 Sept 2023AY 2017-18

Bench: Shri Pawan Singh, Jm & Dr. A.L. Saini, Am आयकर अपील सं./Ita No.36/Srt/2023 (िनधा"रणवष" / Assessment Year: (2017-18) (Physical Court Hearing) Income Tax Officer, Ward- Rajal Rajendrabhai Patel 3(2)(6), Surat, Room No.109, 1St Shop No.3, Labhunagar, Aai Vs. Floor, Anvil Building, Income Mata Road, Magob Dumbal, Tax Officer, Surat-395009 Surat-394101 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Awmpp 3195 K (अपीलाथ" /Assessee) (""थ"/Respondent)

For Appellant: Shri Sapnesh R. Sheth, C.AFor Respondent: Shri Ashok B. Koli, CIT-DR
Section 133(6)Section 142(1)Section 143(3)Section 69A

…IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, JM & DR. A.L. SAINI, AM आयकर अपील सं./ITA No.36/SRT/2023 (िनधा"रणवष" / Assessment Year: (2017-18) (Physical Court Hearing) Income Tax Officer, Ward- Rajal Rajendrabhai Patel 3(2)(6), Surat, Room No.109, 1st Shop No.3, Labhunagar, Aai Vs. Floor, Anvil Building, Income Mata Road, Magob Dumbal, Tax Officer, Surat-395009 Surat-394101 "थायीलेखासं./जीआइआरसं./PAN/GIR No.: AWMPP 3195 K (अपीलाथ" /Assessee) (""थ"/Respondent) िनधा"रती की ओर से /Assessee by : Shri Sapnesh R. Sheth, C.A राज"व क" ओर से /Respondent by : Shri Ashok B. Koli, CIT-DR…

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