Oriental Wire Industries P Delhi Ltd. v. CIT

131 ITR 688High Court1981#3335 most cited

What is Oriental Wire Industries P Delhi Ltd. v. CIT authority for?

The creditworthiness of the creditor, the genuineness of the transaction, and the capacity of the creditor to lend are all necessary considerations for the Assessing Officer when assessing cash credits under Section 68. Mere filing of confirmatory letters or payment by account payee cheque does not discharge the assessee's onus.

35

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2015 to 2026.

Also referred to as

Oriental Wire Industries v CIT · 131 ITR 688 · Section 68 · cash credits · source of source · creditworthiness of creditor · genuineness of transaction · capacity of creditor · onus of proof · confirmatory letters · section 144

Issues it is cited on

Judgments citing Oriental Wire Industries P Delhi Ltd. v. CIT

Manju Sharma, New Delhi vs. ITO Ward - 45(5), New Delhi

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

ITA 8275/DEL/2019[2014-15]Status: DisposedITAT Delhi23 Nov 2020AY 2014-15

Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year: 2014-15 Manju Sharma, Vs Ito, Wz-43B, Meenakshi Garden, Ward-45(5), New Delhi. New Delhi. Pan: Aatps2170A (Appellant) (Respondent) Assessee By : Shri Krishnan Sampath, Advocate Revenue By : Ms Rinku Singh, Sr. Dr Date Of Hearing : 03.11.2020 Date Of Pronouncement : 23.11.2020 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 05.09.2019 Passed By The Ld. Cit(A)-15, New Delhi, Relating To Assessment Year 2014-15. 2. Facts Of The Case, In Brief, Are That The Assessee Is An Individual & Is Proprietor Of M/S Eastern Galaxy Which Is Engaged In The Business Of Export Of Handicrafts & Decorative Items. She Filed Her Return Of Income On 29.11.2014 Declaring Taxable Income Of Rs.47,10,000/-. The Case Of The Assessee Was Selected For Limited Scrutiny Under Cass With The Reason That There Is “Large Increase In Sundry Creditors With Respect To Turnover As Compared To Preceding Year.”

For Appellant: Shri Krishnan Sampath, AdvocateFor Respondent: Ms Rinku Singh, Sr. DR
Section 131Section 142(1)Section 144ASection 68

…ly, the addition of Rs. 3,05,34,283/- made by the AO while disallowing the sundry creditors as genuine, is hereby confirmed.” 14.1. While holding as above, the ld.CIT(A) relied on the following decisions:- i) Oriental Wire Industries (P) Ltd. vs. CIT (1981), 131 ITR 688 (Cal); ii) Bharati (P) Ltd. vs. CIT (1978) 111 ITR 951 (Cal); iii) Prakash Textile Agency vs. CIT (1980) 121 ITR 890 (Cal) 8 iv) CIT v. K.M. Mahim (1995) 81 Taxman 222 (Ker.); v) CIT vs. Precision Finance (P) Ltd. (1994) 208 ITR 465; vi) Gumani Ram Siri Ram vs. CIT (1975) 98 ITR 337 (P&H); vii) Roshan Di Hatti (1977) 107 ITR 938 (SC); viii) Arav…

DCIT, New Delhi vs. M/S Lifestyle Texworks Pvt. Ltd., New Delhi

In the result, the appeal is allowed partly for statistical purpose

ITA 1943/DEL/2011[2006-07]Status: DisposedITAT Delhi30 Jun 2016AY 2006-07

Bench: Sh. H.S. Sidhu & Sh. O.P. Kantassessment Year: 2006-07 Deputy Commissioner Of Income Vs. M/S. Lifestyle Texworks Pvt. Ltd., Tax, Circle-4(1), Room No. 407, 4Th Apartment 530, Tower Iii, Mount Floor, C.R. Building, I.P. Estate, Kailash, East Of Kailash, New Delhi New Delhi Gir/Pan : Aaacl7069F (Appellant) (Respondent) Appellant By Sh. Amit Jain, Sr. Dr Respondent By None Date Of Hearing 16.05.2016 Date Of Pronouncement 30.06.2016 Order Per O.P. Kant, A.M.: This Appeal By The Revenue Is Directed Against Order Dated 21/02/2011 Of Learned Commissioner Of Income-Tax (Appeals)-Vii, New Delhi Raising Following Grounds; “01. The Order Of The Learned Cit (Appeals) Is Erroneous & Contrary To Facts & Law. 02. On The Facts & In The Circumstances Of The Case & In Law, The Ld Cit (Appeals) Has Erred In Deleting The Penalty Of Rs.52,29,408/- Made U/S 68 Of The Act, Being The Unconfirmed Unsecured Loan. 2.1 The Ld. Cit (A) Has Ignored The Findings Recorded By The Ao & The Fact That The Assessee Did Not Discharge The Onus Of Proving The Creditworthiness Of The Creditors & Genuineness Of The Transactions. 03. On The Facts & In The Circumstances Of The Case & In Law, The Learned Cit (Appeals) Has Erred I N Deleting The Addition Of Rs.12,62,503/- Made On Account Of Disallowance Excessive Expenditure. 3.1. The Ld. Cit (A) Ignored The Finding Recorded By The Ao & The Fact That The Assessee Did Not File Required Evidences To Substantiate Its Claim.

Section 142(1)Section 143(2)Section 144Section 68

…y & (iii) genuineness of the transaction. [Vide Shankar Industries v. CIT (1978) 114 ITR 689 (Cal.); C. Kant & Company v. CIT (1980) 126 ITR 63 (Cal.); Prakash Textile Agency vs. CIT (1980) 121 ITR 890 (Cal.); Oriental Wire Industries Pvt. Ltd. vs. CIT (1981) 131 ITR 688; CIT Vs. B.C. Mohanty (1995) 212 ITR 199 (Ori.); Jalan Timbers Vs. CIT (1997) 223 ITR 11 (Gau.) & CIT vs. Korlay Trading Company Ltd. (1999) 232 ITR 820 If all the aforesaid three conditions are proved the burden shifts on the Revenue to prove that the amount belonged to the assessee. [CIT vs. United Commercial & Industrial Co. (P) Ltd. (1991) 18…