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“sundry creditors”

Cash Credits & Unexplained ItemsSection 68Section 681,806 judgments

The decision most relied on for sundry creditors is CIT v. Shri Vardhman Overseas Ltd. (343 ITR 408), cited in 76 judgments on BharatTax.

Leading authorities on sundry creditors

CIT v. Shri Vardhman Overseas Ltd.
343 ITR 408 · 2012 · High Court
76
citing judgments

An addition under Section 68 cannot be made for genuine sundry creditors or trade payables merely carried forward from previous assessment years if there is no fresh credit in the relevant assessment year. Section 41(1) does not apply to acknowledged outstanding liabilities without actual remission or cessation.

CIT v. Pancham Dass Jain
205 CTR 444 · 2006 · High Court
55
citing judgments

Section 68 of the Income-tax Act is not attracted to amounts representing purchases made on credit or outstanding trade creditors, especially when the genuineness of the purchases is accepted by the department.

CIT v. Prameshwar Bohra
301 ITR 404 · 2008 · High Court
47
citing judgments

An amount already credited in the books of account in an earlier assessment year cannot be added again as an unexplained cash credit under Section 68 of the Income-tax Act in a subsequent assessment year.

CIT v. Nitin S. Garg
208 Taxmann 16 · 2012 · High Court
47
citing judgments

A trading liability acknowledged and continued to be shown in the balance sheet cannot be treated as cessation of liability under Section 41(1) merely because it remained outstanding for several years, unless the assessee has written it off in its books. The Assessing Officer must prove that the assessee obtained a benefit.

CIT v. Bhogilal Ramjibhai Atara
43 Taxmann.com 55 · 2014 · High Court
43
citing judgments

Section 41(1) of the Income Tax Act applies only where there is remission or cessation of a trading liability during the previous year relevant to the assessment year, and not merely because the assessee cannot provide confirmations for sundry creditors.

CIT v. Padamchand Ramgopal
76 ITR 719 · 1970 · Supreme Court
40
citing judgments

Minor irregularities in books of account cannot be the sole basis for rejection of the books or for making an estimated trading addition, especially when the assessee has provided explanations for discrepancies. The case distinguishes itself by focusing on receipts not brought into account rather than expenses claimed.

CIT v. Sita Devi Juneja
325 ITR 593 · 2010 · High Court
39
citing judgments

A liability cannot be presumed to have ceased to exist merely because it has been outstanding for several years. Without a bilateral act between the assessee and the creditor indicating cessation, additions under section 41(1) are not permissible.

CIT v. Best Wood Industries and Saw Mills
11 Taxmann.com 278 · 2011 · High Court
38
citing judgments

Once an assessment is reopened for a valid reason under Section 148(2), the Assessing Officer can bring to tax any escaped income that comes to their notice during the reassessment, even if it was not the original basis for reopening.

Judgments citing sundry creditors

Income Tax Officer, Ward-1(3), Ludhiana vs. Shree Balaji Processors, Ludhiana

The appeal stands dismissed

ITA 797/CHANDI/2023[2016-17]Status: DisposedITAT Chandigarh24 Nov 2025AY 2016-17

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकर अपील सं. / Ita No. 797/Chandi/2023 (िनधा"रण वष" / Assessment Year: 2016-17) Ito Ward 1(3) Shree Balaji Processors बनाम/ Ludhiana – 141001 Tajpur Road, Opp. Central Jail Vs. Ludhiana - 141010 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Actfs-8428-B (अपीलाथ"/Appellant) (""थ" / Respondent) : Assessee By : Shri Sudhir Sehgal (Advocate) - Ld. Ar Revenue By : Shri Bharat Bhushan Garg (Cit) – Ld. Dr (Virtual) सुनवाईकीतारीख/Date Of Hearing : 11-11-2025 घोषणाकीतारीख /Date Of Pronouncement : 24/11/2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Revenue For Assessment Year (Ay) 2016-17 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), Nfac, Delhi [Cit(A)] Dated 18-10-2023 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 143(3) Of The Act On 23-12-2018 Rejecting Books Of The Assessee & Assessing Business Profit Of Rs.12.81 Crores. The Ld. Cit(A) Reversed The Action Of Ld. Ao Against Which The Revenue Is In Further Appeal Before Us With Following Grounds Of Appeal: - 1. That The Cit(A), Ludhiana Has Erred In Law, In Deleting Addition Of Rs.12,01,85,191/- Made By The Assessing Officer On Account Of Rejecting The Books Of Accounts U/S 145(3) Of The Act.

For Appellant: Shri Sudhir Sehgal (Advocate) - Ld. ARFor Respondent: Shri Bharat Bhushan Garg (CIT) – Ld. DR (Virtual)
Section 142(1)Section 143(3)Section 145(3)

provide copy of cash book. The sales and purchases were not verifiable. The assessee could not file confirmation from 60 out of 67 sundry creditors. On these facts, Ld. AO rejected the books u/s 145(3) and applied net profit rate of 8% on gross receipts and ultimately assessed business ... sales and purchases account. The copy of account for power and fuel was already furnished to Ld. AO. Regarding non-filing of confirmation from sundry creditors, the assessee stated that due to insufficient opportunity, the assessee was not able to file the same during assessment proceedings but nevertheless, the remaining

Kajal Kumari Seth, Kolkata vs. I.T.O., Ward - 45(2), Kolkata

In the result, the appeal of the assessee is allowed

ITA 1585/KOL/2025[2014-2015]Status: DisposedITAT Kolkata14 Nov 2025AY 2014-2015

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2014-15 Kajal Kumari Seth………………...….……………….……….……….……Appellant 1/H/5, Raja Manindra Road, Kol-37.. [Pan: Cstps9220D] Vs. Ito, Ward-45(2), Kolkata….…………………………….....……...…..…..Respondent Appearances By: Shri P. J. Bhide, Ar, Appeared On Behalf Of The Appellant. Shri Sandeep Lakra, Addl. Cit-Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 29, 2025 Date Of Pronouncing The Order : November 14, 2025 Order Per Pradip Kumar Choubey: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 16.05.2025 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’). Brief Facts Of The Case Of The Assessee Are That The Assessee'S Firm 2. Was Engaged In Manufacturing & Trading Mustard Oils & Mustard Seeds Etc. & The Assessee Had Filed Income Tax Return For A.Y. 2014- 15 Declaring Total Income Of Rs.2,41,700/-. The Case Was Selected For Scrutiny Under The Faceless Assessment Scheme & During The Assessment Proceedings, The Assessing Officer Found That The Assessee Had Unaccounted Income Of Rs.1,50,44,516/- From Sundry Creditors. Subsequently, A Notice U/S 143(2) Of The Income Tax Act, 1961 Dated Kajal Kumari Seth 28.08.2015 Was Issued Along With Various Other Notices & The Assessee Failed To Give Satisfactory Reply To The Assessing Officer & Accordingly, The Assessing Officer Completed The Assessment By Passing Order U/S. 143(3) Of The Act By Assessing Total Income At Rs.1,52,86,216/- Making An Addition Of Rs.1,50,44,516/- U/S 68 Of The Act.

Section 143(2)Section 143(3)Section 250Section 68

Faceless Assessment Scheme and during the assessment proceedings, the Assessing Officer found that the assessee had unaccounted income of Rs.1,50,44,516/- from sundry creditors. Subsequently, A notice u/s 143(2) of the Income Tax act, 1961 dated Kajal Kumari Seth 28.08.2015 was issued along with various other notices ... appeal before us thereby submitting that the ld. CIT(A) has failed to consider that the said sum represents the opening balance of sundry creditors which was carried forward from earlier years with no fresh credits recorded to treat these brought-forward balances as income chargeable

Faurecia Emissions Control Technologies India Private Limited, Chennai vs. Assistant / Deputy Commissioner of Income Tax - Corporate Circle 1(1) Che, Chennai

In the result, the appeal of the assessee is allowed

ITA 1223/CHNY/2025[2023-24]Status: DisposedITAT Chennai14 Nov 2025AY 2023-24

Bench: Hon’Ble Shri Manu Kumar Giri & Hon’Ble Shri Amitabh Shuklaआयकर अपील सं./Ita No.1223/Chny/2025 Assessment Years: 2023-24 Faurecia Emissions Control Assistant Commissioner Of Technologies India Pvt Ltd, Income Tax, 1St Floor, No.634, Karumuthu Center, Corporate Circle-1(1), Anna Salai, Nandanam, Chennai. Chennai-600 035 [Pan: Aaaca8450F] (प्रत्यर्थी/Respondent) (अपीलार्थी/Appellant) अपीलार्थी की ओर से/ Assessee By : Mr.Siddhesh Chaugula, C.A. प्रत्यर्थी की ओर से /Revenue By : Ms.R.Anitha, Addl.Cit सुनवाई की तारीख/Date Of Hearing : 04.09.2025 घोषणा की तारीख /Date Of Pronouncement : 14.11.2025 आदेश / O R D E R Per Amitabh Shukla, A.M :

For Appellant: Mr.Siddhesh Chaugula, C.AFor Respondent: Ms.R.Anitha, Addl.CIT
Section 139Section 139(9)Section 142Section 143Section 143(1)Section 143(1)(a)

business or profession and the basis on which such amounts have been computed, and also disclosing the amounts of total sundry debtors, sundry creditors, stock-in-trade and cash balance as at the end of the previous year:] 27[Provided that the Board may, by notification in the Official Gazette

Assistant Commissioner of Income Tax, Panchkula Circle, Panchkula vs. Konark Rajhans Estate Private Limited, Panchkula

In the result, the appeal of the revenue stands dismissed

ITA 805/CHANDI/2024[2011-12]Status: DisposedITAT Chandigarh13 Nov 2025AY 2011-12

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No. 805/Chandi/2024 (िनधा"रणवष" / Assessment Year: 2011-12 Acit M/S Konark Rajhans Estate Private Limited Panchkula Circle बनाम/ Vs. Nh 73, Village Kot Extension-Ii, Sector 14, Panchkula. Panchkula. "ायीलेखासं./जीआइआरसं./Pan/Gir No. Aaeck-2405-Q (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Sh. Manav Bansal (Cit) – Ld. Dr ""थ"कीओरसे/Respondent By : Sh. Parikshit Aggarwal (Ca)-Ld. Ar सुनवाईकीतारीख/Date Of Hearing : 20-08-2025 घोषणाकीतारीख /Date Of Pronouncement : 13/11/2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1.1 Aforesaid Appeal By The Revenue For Assessment Year (Ay) 2011- 12 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] Dated 27-05-2024 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 143(3) R.W.S. 147 Of The Act On 29-12-2018. The Revenue Is Aggrieved By Deletion Of Twin Quantum Additions Of Rs.40.85 Lacs & Rs.707.75 Lacs As Made By Ld. Ao In The Assessment Order. The Grounds Of Appeal Read As Under: -

For Appellant: Sh. Manav Bansal (CIT) – Ld. DRFor Respondent: Sh. Parikshit Aggarwal (CA)-Ld. AR
Section 131oSection 143(3)Section 148Section 40A(3)Section 68Section 68o

assessee furnished copy of its Income Tax Return, Audited financial statements for this year reflecting investment in assessee-entity which were sourced out of sundry creditors for Rs.599.86 Lacs. However, Ld. AO held that this entity lacked creditworthiness to extend loan of Rs.5.28 Crores to the assessee. To verify

DCIT, Circle1(1), Kolkata vs. Arthur Turnkey Projects Ltd, Kolkata

In the result, ITA No.1724/Kol/2025 filed by the revenue is dismissed and the appeal of the assessee being ITA No

ITA 1724/KOL/2025[2017-18]Status: DisposedITAT Kolkata12 Nov 2025AY 2017-18

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2017-18 Dcit, Circle-1(1), Kolkata.……………………………………….……….……Appellant Vs. Arthur Turnkey Projects Ltd.……………………………….....……...…..…..Respondent 1/1A, 4H Electronic Centre, Biplabi Anukul Chandra Street, Chandni Chawk, Kol-700072. [Pan: Aafcm4891H] Assessment Year: 2017-18 Arthur Turnkey Projects Ltd.……………………………………….……….……Assessee 1/1A, 4H Electronic Centre, Biplabi Anukul Chandra Street, Chandni Chawk, Kol-700072. [Pan: Aafcm4891H] Vs. Dcit, Circle-1(1), Kolkata.…………………………………….....……...…………..Revenue Appearances By: Shri Robin Maheshwari, Aca, Appeared On Behalf Of The Assessee. Shri Manas Mondal, Addl. Cit-Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : October 16, 2025 Date Of Pronouncing The Order : November 12, 2025 Order Per Pradip Kumar Choubey: The Captioned Appeals & The Cross-Appeal, One Filed By The Revenue & The Other By The Assessee Are Directed Against The Order Both Dated 24.04.2025 Of The National Faceless Appeal Centre [‘Cit(A)’] Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2017–18 Respectively. Since, The Issues Involved In Both The Appeals Are Common & Relate To

Section 115JSection 143(2)Section 250Section 68

export expenses of Rs.2,18,82,543/- and disallowance u/s 68 of the Act on account of difference in opening and closing balance of sundry creditor of Rs.2,09,38,259/-. 3. Aggrieved by the said order, the assessee filed an appeal before the CIT(A) wherein the appeal ... submitted that the assessee was non-cooperative before the Assessing Officer and the assessee was not able to prove regarding the purchases from sundry creditors as genuine. He further submitted that the ld. CIT(A) erred in accepting the assessee’s purchases which require more examination. Therefore, he prayed that

M/S. Arthur Turnkey Projects Ltd., Kolkata vs. DCIT/ACIT, Circle - 1(1), Kolkata

In the result, ITA No.1724/Kol/2025 filed by the revenue is dismissed and the appeal of the assessee being ITA No

ITA 1193/KOL/2025[2017-2018]Status: DisposedITAT Kolkata12 Nov 2025AY 2017-2018

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2017-18 Dcit, Circle-1(1), Kolkata.……………………………………….……….……Appellant Vs. Arthur Turnkey Projects Ltd.……………………………….....……...…..…..Respondent 1/1A, 4H Electronic Centre, Biplabi Anukul Chandra Street, Chandni Chawk, Kol-700072. [Pan: Aafcm4891H] Assessment Year: 2017-18 Arthur Turnkey Projects Ltd.……………………………………….……….……Assessee 1/1A, 4H Electronic Centre, Biplabi Anukul Chandra Street, Chandni Chawk, Kol-700072. [Pan: Aafcm4891H] Vs. Dcit, Circle-1(1), Kolkata.…………………………………….....……...…………..Revenue Appearances By: Shri Robin Maheshwari, Aca, Appeared On Behalf Of The Assessee. Shri Manas Mondal, Addl. Cit-Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : October 16, 2025 Date Of Pronouncing The Order : November 12, 2025 Order Per Pradip Kumar Choubey: The Captioned Appeals & The Cross-Appeal, One Filed By The Revenue & The Other By The Assessee Are Directed Against The Order Both Dated 24.04.2025 Of The National Faceless Appeal Centre [‘Cit(A)’] Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2017–18 Respectively. Since, The Issues Involved In Both The Appeals Are Common & Relate To

Section 115JSection 143(2)Section 250Section 68

export expenses of Rs.2,18,82,543/- and disallowance u/s 68 of the Act on account of difference in opening and closing balance of sundry creditor of Rs.2,09,38,259/-. 3. Aggrieved by the said order, the assessee filed an appeal before the CIT(A) wherein the appeal ... submitted that the assessee was non-cooperative before the Assessing Officer and the assessee was not able to prove regarding the purchases from sundry creditors as genuine. He further submitted that the ld. CIT(A) erred in accepting the assessee’s purchases which require more examination. Therefore, he prayed that

Raviraj Varadharaj, Chennai vs. Income Tax Officer, Ncw 8(2), Chennai

In the result, the appeal filed by the assessee is partly allowed for statistical purposes and the Stay Application is dismissed

ITA 2468/CHNY/2025[2022-23]Status: DisposedITAT Chennai12 Nov 2025AY 2022-23

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.2468/Chny/2025 िनधा"रण वष"/Assessment Year: 2022-23 & S.A. No. 85/Chny/2025 [In Ita No. 2468/Chny/2025] Raviraj Varadharaj, Vs. The Income Tax Officer, 16/08, Duraisamy Colony, Non Corporate Ward 8(2), Arumbakkam, Chennai 600 106. Chennai. [Pan:Amopv6065A] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri V. Swaminathan, C.A. ""थ" की ओर से/Respondent By : Ms. Gouthami Manivasagam, Jcit सुनवाई की तारीख/ Date Of Hearing : 03.11.2025 घोषणा की तारीख /Date Of Pronouncement : 12.11.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 25.07.2025 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2022-23. 2. Ground No. A, Raised By The Assessee In Challenging The Action Of The Ld. Cit(A) In Confirming The Addition Made By The Assessing

For Appellant: Shri V. Swaminathan, C.AFor Respondent: Ms. Gouthami Manivasagam, JCIT
Section 133(6)Section 41(1)Section 68

purchase made from Tamil Nadu Agro Foods, Vigneshwara Traders, Reshma and Associates and Quad Enterprises. Thus, the Assessing Officer adopted 20% of total sundry creditors and disallowed the same under section 41(1) of the Act vide his reasons recorded in 5 I.T.A. No.2468/Chny/25 & S.A. No. 85/Chny25 para ... assessment order. The ld. CIT(A) reduced to 15% of total sundry creditors as per para 5.2 of the impugned order. 10. The ld. AR vehemently argued that no GST registration is required for exempt goods as purchased from Fortune Agro Foods, Tamil Nadu Agro Foods, Vigneshwara Traders, Reshma