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“creditworthiness of the creditor”

Cash Credits & Unexplained ItemsSection 68Section 68914 judgments

The decision most relied on for creditworthiness of the creditor is CIT v. Orissa Corporation Pvt. Ltd. (159 ITR 78), cited in 897 judgments on BharatTax.

Leading authorities on creditworthiness of the creditor

CIT v. Orissa Corporation Pvt. Ltd.
159 ITR 78 · 1986 · Supreme Court
897
citing judgments

When an assessee provides the identity and address of a creditor or investor for a cash credit or share capital under Section 68, the burden shifts to the Department to establish lack of genuineness or creditworthiness, requiring it to conduct further inquiries; mere non-compliance by third parties to summons cannot be the sole basis for an adverse inference against the assessee.

CIT v. Lovely Exports (P) Ltd.
216 CTR 195 · 2008 · Supreme Court
854
citing judgments

If an assessee company receives share application money from alleged bogus shareholders and provides their details to the Assessing Officer, no addition can be made under Section 68 in the company's hands; the Department must proceed against the shareholders by reopening their individual assessments.

Commissioner of Income Tax v. Nova Promoters and Finlease (P) Ltd.
342 ITR 169 · 2012 · High Court
658
citing judgments

To make an addition under Section 68 for unexplained cash credits, the Assessing Officer must conduct proper inquiry into the identity, genuineness, and creditworthiness of the creditor, especially concerning share application money. The assessee's initial discharge of burden by providing necessary details shifts the onus back to the AO for further investigation, including the source of source.

Kale Khan Mohammad Hanif v. CIT
50 ITR 1 · 1963 · Supreme Court
581
citing judgments

The assessee bears the onus of proving the source and nature of any sum of money or receipt found to have been received by them. If the assessee fails to satisfactorily explain the receipt, the Income-tax Officer is entitled to treat it as taxable income.

DCIT v. Rohini Builders
256 ITR 360 · 2002 · High Court
489
citing judgments

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.

Roshan Di Hatti v. CIT
107 ITR 938 · 1977 · Supreme Court
477
citing judgments

An assessee bears the onus to prove the identity, creditworthiness, and genuineness of any cash credit or transaction. If the assessee fails to discharge this burden with cogent evidence and explanation, the Assessing Officer is justified in making additions to their income, and no further burden lies on the revenue.

CIT v. Precision Finance Pvt. Ltd.
208 ITR 465 · 1994 · High Court
427
citing judgments

When an assessee seeks to explain a cash credit under Section 68, they must prove the identity of the creditors, their creditworthiness or capacity to advance money, and the genuineness of the transactions. The burden of proof is not discharged merely by filing confirmatory letters or demonstrating banking channel transactions.

CIT v. Divine Leasing & Finance Ltd.
299 ITR 268 · 2008 · High Court
426
citing judgments

The Assessing Officer cannot add share capital or share premium amounts if the assessee provides the identity and creditworthiness of the subscriber and establishes the genuineness of the transaction. The court may admit additional evidence under Rule 46A, such as the PAN identity of the creditor.

Judgments citing creditworthiness of the creditor

Acuity Merchants Pvt. Ltd., Kolkata vs. ITO, Ward-4(3), Kolkata.

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

ITA 1338/KOL/2023[2017-18]Status: DisposedITAT Kolkata20 May 2024AY 2017-18

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.1338/Kol/2023 Assessment Year : 2017-18 Acuity Merchants Pvt Ltd.……..…………............…...……………....Appellant Amrita Abasan, Bimalendu Ghosh Sarani, Sonarpur, Kolkata- 700150. [Pan: Aaica4474D] Vs. Ito, Ward-4(3), Kolkata……...............................................…..…..... Respondent Appearances By: Shri S. K. Tulsiyan, Advocate, Appeared On Behalf Of The Appellant. Shri S. Datta, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : March 07, 2024 Date Of Pronouncing The Order : May 20, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 25.10.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1. That On The Facts & In The Circumstances Of The Case, The Ld. Cit(A), Nfac, Delhi Erred In Law In Having Upheld The Addition Of Rs 8.61,73,500/- U/S 68 Of The Act Without Properly Appreciating The Admitted Facts On Record That The Assessee Had Received Loans In The Form Of Shares Only From Various Parties/Creditors Duly Reflected In The Demat Account & Not Any Fund Transacted Either Through Bank Or Cash Book & Hence Such Receipt Of Shares As Loan Did Not Amount To Cash Credit As Envisaged U/S 68 Of The Act.

Section 115BSection 250Section 68

furnish confirmation of 10 persons/entities only. He noted that the assessee had failed to submit the necessary documents to prove the identity and creditworthiness of the creditors and genuineness of the transaction in respect of 5 persons amounting to Rs.8,61,73,500/-. He, therefore, treated the said amount

ITO, WD.9(1), Kolkata vs. M/S Maharaj Vincom Pvt. Ltd., Kolkata

ITA 35/KOL/2021[2009-10]Status: DisposedITAT Kolkata15 May 2024AY 2009-10

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. No.35/Kol/2021 Assessment Year: 2009-10 Ito, Ward-9(1), Kolkata……………….......................…...……………....Appellant Vs. M/S Maharaj Vincom Pvt. Ltd……............…..........................…..…..... Respondent 69, Jamunalal Bajaj Street, Kolkata- 700007. [Pan: Aafcm6496E] C.O. No.6/Kol/2023 (A/O I.T.A. No.35/Kol/2021) Assessment Year: 2009-10 M/S Maharaj Vincom Pvt. Ltd……............…..........................…....... Cross-Objector 69, Jamunalal Bajaj Street, Kolkata- 700007. [Pan: Aafcm6496E] Vs Ito, Ward-9(1), Kolkata …………..….......................…...……………....Respondent Appearances By: Shri Miraj D. Shah, Ar, Appeared On Behalf Of The Assessee. Shri Abhijit Kundu, Cit-Dr, Appeared On Behalf Of The Department. Date Of Concluding The Hearing : March 07, 2024 Date Of Pronouncing The Order : May 15, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: This Appeal By The Revenue & Corresponding Cross-Objection By The Assessee Have Been Preferred Against The Order Dated 08.09.2020 Of The Commissioner Of Income Tax (Appeals)-7, Kolkata (Hereinafter Referred To As The ‘Cit(A)’) Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’).

Section 143(1)Section 143(3)Section 147Section 250Section 263

credited may be charged to income-tax as the income of the assesses of that previous year.” According to this section, if identity, creditworthiness of the creditor and genuineness of the transaction is not proved and the explanation offered by the assesses is not, in the opinion of the Assessing

Jmg Greens Promoters & Developers, Sirhind vs. Pr. CIT, Patiala

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

ITA 410/CHANDI/2022[2012-13]Status: DisposedITAT Chandigarh03 May 2024AY 2012-13

Bench: Shri A.D. Jain & Dr Krinwant Sahayआयकर अपील सं./ Ita No. 410/Chd/2022 "नधा"रण वष" / Assessment Year : 2012-13 J M G Green Promoters & Vs. Pr. Commissioner Of बनाम Income Tax, Developers, Patiala Opp. Jain Mandir, Chandigarh Road, Sirhind 140406 "थायी लेखा सं./Pan No: Aaifj0737F अपीलाथ"/Appellant ""यथ"/Respondent "नधा"रती क" ओर से/Assessee By : Sh. Sudhir Sehgal, Advocate राज"व क" ओर से/ Revenue By : Shri Rohit Sharma, Cit Dr सुनवाई क" तार"ख/Date Of Hearing : 24.04.2024 उदघोषणा क" तार"ख/Date Of Pronouncement : 03.05.2024 आदेश/Order Per Dr. Krinwant Sahay, A.M.: The Appeal In This Case Has Been Filed By The Assessee Against The Order Of The Ld. Principal Commissioner Of Income Tax, Patiala (Herein Referred To As ‘Pcit’ ) Dated 29.03.2022, For The Assessment Year 2012-13. 2. In Fact, An Application Dated 23.4.2024, Was Filed By The Ld. Counsel Of The Assessee Taking An Additional Ground Of Appeal, Which 410-Chd-2022 –J M G Greens Promoters & Developers, Sirhind 2 Was Later On Merged With The Revised Grounds Of Appeal Filed On 24.4.2024. 3. The Revised Grounds Of Appeal Taken By The Assessee Are Reproduced As Under: -.

For Appellant: Sh. Sudhir Sehgal, AdvocateFor Respondent: Shri Rohit Sharma, CIT DR
Section 143(3)Section 147Section 148Section 263

Greens Promoters and Developers, Sirhind 5 loan of Rs. 10,00,000/- was obtained from Smt. Harjinder Kaur but no source or creditworthiness of the creditor were looked into by the Assessing Officer Aggrieved with the action of the ld. PCIT for passing order

Deepan Mangi, Sirhind vs. Pr. CIT, Patiala

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

ITA 409/CHANDI/2022[2017-18]Status: DisposedITAT Chandigarh02 May 2024AY 2017-18

Bench: Shri A.D. Jain & Dr Krinwant Sahayआयकर अपील सं./ Ita No. 409/Chd/2022 "नधा"रण वष" / Assessment Year : 2017-18 Deepan Mangi, Vs. Pr. Commissioner Of बनाम Income Tax, H.No. 3051, Mangi Niwas, Patiala Dera Baba Mangal Nath Street, Sirhind 140406 "थायी लेखा सं./Pan No: Ajypm5231A अपीलाथ"/Appellant ""यथ"/Respondent "नधा"रती क" ओर से/Assessee By : Sh. Sudhir Sehgal, Advocate राज"व क" ओर से/ Revenue By : Shri Rohit Sharma, Cit Dr सुनवाई क" तार"ख/Date Of Hearing : 23.04.2024 उदघोषणा क" तार"ख/Date Of Pronouncement : 02.05.2024 आदेश/Order Per Dr. Krinwant Sahay, A.M.: The Appeal In This Case Has Been Filed By The Assessee Against The Order Of The Ld. Principal Commissioner Of Income Tax, Patiala (Herein Referred To As ‘Pcit’ ) Dated 27.03.2022. 2. The Assessee In This Appeal Has Taken Following Grounds Of Appeal:

For Appellant: Sh. Sudhir Sehgal, AdvocateFor Respondent: Shri Rohit Sharma, CIT DR
Section 142(1)Section 143Section 143(1)Section 263

from the assessment order. By filing of PAN, the identity of the persons may be established but the genuineness of the loans and creditworthiness of the creditors has neither been asked nor any submission has been filed by the Assessee. Accordingly, this issue of unsecured loans is set aside

Arjun Manoj Purohit, Thane vs. Income Tax Officer, Ward-2(1), Thane

In the result, both the appeals of the assesse are allowed

ITA 3655/MUM/2023[2015-16]Status: DisposedITAT Mumbai02 May 2024AY 2015-16

Bench: Shri Aby T. Varkey, Jm & Shri S Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.3654/Mum/2023 (िनधा"रण वष" / Assessment Year: 2014-15) & आयकर अपील सं/ I.T.A. No.3655/Mum/2023 (िनधा"रण वष" / Assessment Year: 2015-16) बनाम/ Arjun Manoj Purohit Ito, Ward-2(1) Room No. 25B, 6Th Arjun Niwas Padmavati Vs. Nagar, 150 Feet Road Floor, Asher It Park, Shyander (W), Thane- Road No. 16Z, Wagle 401105. Industrial Estate, Thane- 400604. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Anxpp8321K (अपीलाथ" /Appellant) (""थ" / Respondent) .. Assessee By: Shri Rakesh Joshi Revenue By: Shri Manoj Kumar Sinha (Sr. Dr) सुनवाई की तारीख / Date Of Hearing : 03/04/2024 घोषणा की तारीख /Date Of Pronouncement : 02/05/2024 आदेश / O R D E R

For Appellant: Shri Rakesh JoshiFor Respondent: Shri Manoj Kumar Sinha (Sr. DR)
Section 133(6)Section 148Section 68

retraction mentioned in the information provided by DDIT (Inv.), Mumbai. According to AO, the assessee failed to prove the genuineness of the transaction, creditworthiness of the creditors and identity of the creditors. And since, the assessee did not discharge the burden to prove the “nature and source” of the credits ... both the lender companies. Therefore, according to the AO, the assessee has not discharged the burden to prove the genuineness of the transaction, creditworthiness of the creditors and 8 3655/Mum/2023 A.Y. 2014-15 & 2015-16 Arjun Manoj Purohit. identity of the creditors in respect of credit entry to the tune

Arjun Manoj Purohit, Thane vs. Income Tax Officer, Ward-2(1), Thane

In the result, both the appeals of the assesse are allowed

ITA 3654/MUM/2023[2014-15]Status: DisposedITAT Mumbai02 May 2024AY 2014-15

Bench: Shri Aby T. Varkey, Jm & Shri S Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.3654/Mum/2023 (िनधा"रण वष" / Assessment Year: 2014-15) & आयकर अपील सं/ I.T.A. No.3655/Mum/2023 (िनधा"रण वष" / Assessment Year: 2015-16) बनाम/ Arjun Manoj Purohit Ito, Ward-2(1) Room No. 25B, 6Th Arjun Niwas Padmavati Vs. Nagar, 150 Feet Road Floor, Asher It Park, Shyander (W), Thane- Road No. 16Z, Wagle 401105. Industrial Estate, Thane- 400604. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Anxpp8321K (अपीलाथ" /Appellant) (""थ" / Respondent) .. Assessee By: Shri Rakesh Joshi Revenue By: Shri Manoj Kumar Sinha (Sr. Dr) सुनवाई की तारीख / Date Of Hearing : 03/04/2024 घोषणा की तारीख /Date Of Pronouncement : 02/05/2024 आदेश / O R D E R

For Appellant: Shri Rakesh JoshiFor Respondent: Shri Manoj Kumar Sinha (Sr. DR)
Section 133(6)Section 148Section 68

retraction mentioned in the information provided by DDIT (Inv.), Mumbai. According to AO, the assessee failed to prove the genuineness of the transaction, creditworthiness of the creditors and identity of the creditors. And since, the assessee did not discharge the burden to prove the “nature and source” of the credits ... both the lender companies. Therefore, according to the AO, the assessee has not discharged the burden to prove the genuineness of the transaction, creditworthiness of the creditors and 8 3655/Mum/2023 A.Y. 2014-15 & 2015-16 Arjun Manoj Purohit. identity of the creditors in respect of credit entry to the tune

Dream Valley Barter Pvt. Ltd., Kolkata vs. ITO, Ward 7(3), Kolkata

ITA 497/KOL/2024[2012-13]Status: DisposedITAT Kolkata30 Apr 2024AY 2012-13

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. No.497/Kol/2024 Assessment Year: 2012-13 Dream Valley Barter Pvt. Ltd.….…….…................…...……………....Appellant C/O Narendra Goyal & Co, 16, N.S. Road, 2Nd Floor, Kolkata – 1. [Pan: Aaecd1016E] Vs. Ito, Ward-7(3), Kolkata….....…..........................................…..…..... Respondent Appearances By: Shri Giridhar Dhelia, Advocate, Appeared On Behalf Of The Appellant. Shri Abhijit Kundu, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : March 19, 2024 Date Of Pronouncing The Order : April 30, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 26.10.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1) For That The Learned Cit (Appeals) Erred In Confirming The Addition Of Rs. 12,25,33,500/-Assessed By Ld. Assessing Officer (A O) Under Assessment Order U/S. 143(3) Of The Income Tax Act, 1961 (The Act') Dated 23/03/2015 On Account Of Unexplained Cash Credit Being Share Capital & Premium U/S 68 Of The Act On Irrelevant Considerations & Arbitrary Grounds Thus The Same Be Deleted.

Section 131Section 133(6)Section 143(3)Section 250Section 68

allottee companies, copy of Form 5 along with receipt filed with ROC, details of source of funds relating to the identity and creditworthiness of the creditors and genuineness of the transaction. Apart from that, it was submitted that the identity of the share subscriber was duly proved, transactions were carried