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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

Smt. Sudha Loyalka, New Delhi vs. ITO, New Delhi

In the result, appeal of the assessee is partly allowed

ITA 399/DEL/2017[2012-13]Status: DisposedITAT Delhi12 Sept 2025AY 2012-13

Bench: Shri Anubhav Sharma & Shri Manish Agarwal[Assessment Year : 2012-13] Smt. Sudha Loyalka, Vs Ito, Prop.Tirupati Industries, 2/1, Ward-35(2), Block-41, Singh Sabha Road, New Delhi Shakti Nagar, Delhi-110007. Pan-Aabpl6055D Appellant Respondent Appellant By Dr.Rakesh Gupta, Adv., Shri Somil Aggarwal, Adv. & Shri Deepesh Garg, Adv. Respondent By Shri Narpat Singh, Sr.Dr Date Of Hearing 24.06.2025 Date Of Pronouncement 12.09.2025 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By Assessee Against The Order Dated 01.12.2016 Passed By Ld. Commissioner Of Income Tax (A)-12, New Delhi [“Ld.Cit(A)”] In Appeal No. 26/15-16 U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising Out Of Assessment Order Dated 18.03.2015 Passed U/S 143(3) Of The Act Pertaining To Assessment Year 2012-13. 2. Brief Facts Of The Case Are That The Assessee Is An Individual & Filed Her Return Of Income On 27.09.2012, Declaring Total Income Of Inr 3,52,180/-. The Case Of Assessee Was Selected For Scrutiny For The Reason “Large Amount Of Sundry Creditors”. Assessee Is Engaged In The Business Of Trading Of Fabrics & Readymade Garments Under The Name & Style As M/S. Tirupati Industries. The Assessee Has Shown Total Sundry Creditors Of Inr 6,77,21,342/- Which Includes Inr 3,48,88,095/- Under The Title “Retail Creditors Control Account”. In Order To Examine The Genuineness Of These Creditors, Ao Issued Notice U/S 133(6) Of The Act To 27 Parties Out Of Which Notices Issued To 20 Parities Amounting To Inr 2,78,20,495/- Were Returned Back For The Reason “Wrong Address/Incomplete Address/Non-Existed” Etc. The Ao Thereafter, Discussed Each Of The Parties To Whom Notices Were Sent & Reached To The Conclusion That These Parties Are Non-Existent & Made The Addition Of Inr 3,50,94,758/- As Bogus Creditors.

Section 133(6)Section 143(3)Section 250Section 37Section 69C

declaring total income of INR 3,52,180/-. The case of assessee was selected for scrutiny for the reason “large amount of sundry creditors”. Assessee is engaged in the business of trading of fabrics and readymade garments under the name and style as M/s. Tirupati Industries. The assessee has shown ... total sundry creditors of INR 6,77,21,342/- which includes INR 3,48,88,095/- under the title “Retail Creditors Control account”. In order to examine the genuineness of these creditors, AO issued notice u/s 133(6) of the Act to 27 parties out of which notices issued

Om Lamcoat Pvt Ltd, Morbi vs. The ACIT, Centra Circle-1, Rajkot

In the result, both appeals filed by the assessee (in ITA Nos

ITA 287/RJT/2022[2019-20]Status: DisposedITAT Rajkot11 Sept 2025AY 2019-20

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकरअपीलसं/.Ita No. 286 & 287/Rjt/2022 िनधा"रणवष" / Assessment Year: (2016-17 & 2019-20) (Hybrid Hearing) बनाम M/S. Om Lamcoat Pvt. Ltd. The Acit, 8-A, Kandla National Highway, Vs. Central Circle -1, Opp. Dadashri Nagar, At. Morbi – Aayakar Bhavan, Amruta 363642 Estate, M. G. Road, Rajkot – 360001 "थायीलेखासं/.जीआइआरसं/.Pan No. : Aabco8163G (अपीलाथ"/Assessee) .. (""यथ"/Respondent) "नधा"रती क" ओर से/Assessee By : Shri Mehul Ranpura, Ld. Ar राज"व क" ओर से/Revenue By : Shri Abhimanyu Singh Yadav, Ld. Sr. (Dr) सुनवाई क" तार"ख/Date Of Hearing : 16/06/2025 घोषणा क" तार"ख/Date Of Pronouncement : 11/09/2025

For Appellant: Shri Mehul Ranpura, Ld. ARFor Respondent: Shri Abhimanyu Singh Yadav, Ld. Sr. (DR)
Section 132Section 139Section 153CSection 250

This is ledger of various nature of expenses for the period 01/01/2017 to 31/01/2017. (d) Page No 41 This is a list of sundry creditors for the period 01/04/2016 to 31/01/2017. (e) Page No. 41A This is a list of sundry creditors for the period 01/04/2016 to 31/01/2017. From ... 287/RJT/2025 M/s. Om Lamcoat Pvt. Ltd. addition, the AO in the assessment order had held that as per page No 41 and 41A (Sundry creditors of XYZ), there is credit balance of Rs. 14,65,27,086/- and debit balance of Rs. 1,20,72,469/-. Therefore, it is clear

Om Lamcoat Pvt Ltd, Morbi vs. ACIT, Central Circle-1, Rajkot

In the result, both appeals filed by the assessee (in ITA Nos

ITA 286/RJT/2022[2016-17]Status: DisposedITAT Rajkot11 Sept 2025AY 2016-17

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकरअपीलसं/.Ita No. 286 & 287/Rjt/2022 िनधा"रणवष" / Assessment Year: (2016-17 & 2019-20) (Hybrid Hearing) बनाम M/S. Om Lamcoat Pvt. Ltd. The Acit, 8-A, Kandla National Highway, Vs. Central Circle -1, Opp. Dadashri Nagar, At. Morbi – Aayakar Bhavan, Amruta 363642 Estate, M. G. Road, Rajkot – 360001 "थायीलेखासं/.जीआइआरसं/.Pan No. : Aabco8163G (अपीलाथ"/Assessee) .. (""यथ"/Respondent) "नधा"रती क" ओर से/Assessee By : Shri Mehul Ranpura, Ld. Ar राज"व क" ओर से/Revenue By : Shri Abhimanyu Singh Yadav, Ld. Sr. (Dr) सुनवाई क" तार"ख/Date Of Hearing : 16/06/2025 घोषणा क" तार"ख/Date Of Pronouncement : 11/09/2025

For Appellant: Shri Mehul Ranpura, Ld. ARFor Respondent: Shri Abhimanyu Singh Yadav, Ld. Sr. (DR)
Section 132Section 139Section 153CSection 250

This is ledger of various nature of expenses for the period 01/01/2017 to 31/01/2017. (d) Page No 41 This is a list of sundry creditors for the period 01/04/2016 to 31/01/2017. (e) Page No. 41A This is a list of sundry creditors for the period 01/04/2016 to 31/01/2017. From ... 287/RJT/2025 M/s. Om Lamcoat Pvt. Ltd. addition, the AO in the assessment order had held that as per page No 41 and 41A (Sundry creditors of XYZ), there is credit balance of Rs. 14,65,27,086/- and debit balance of Rs. 1,20,72,469/-. Therefore, it is clear

Bhupesh Gupta, Nalagarh, Himachal Pradesh vs. ACIT(Central Circle), Shimla, Himachal Pradesh

In the result, the appeals are allowed

ITA 442/CHANDI/2025[2018-19]Status: DisposedITAT Chandigarh08 Sept 2025AY 2018-19

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita Nos. 441 & 442/Chd/2025 "नधा"रण वष" / Assessment Year: 2017-18 & 2018-19 Shri Bhupesh Gupta, Vs The Acit, Aakash Hospital & Central Circle, Diagnostic, Nalagarh, Shimla. Solan. "थायी लेखा सं./Pan No: Aarpg5916A अपीलाथ"/Appellant ""यथ"/Respondent Assessee By : Shri Sudhir Sehgal, Advocate Revenue By : Shri Vivek Vardhan, Jcit Sr.Dr Date Of Hearing : 01.09.2025 Date Of Pronouncement : 08.09.2025 Virtual Hearing O R D E R Per Raj Pal Yadav, Vp

For Appellant: Shri Sudhir Sehgal, AdvocateFor Respondent: Shri Vivek Vardhan, JCIT Sr.DR
Section 147

reopened for assessing the unexplained sales of the assessee on sale of flats, whereas the additions have been made on the basis of unexplained sundry creditors. To buttress his contention, he took us through paragraph 5.2 of assessment order in assessment year 2012-13 and similar finding in the last ... reopened on the ground that assessee has unexplained sales but no addition was made on account of unexplained sales, rather additions on account of sundry creditors have been made which is beyond the scope of re-assessment proceedings because on escapement of these sundry creditors, AO ought to have been

Bhupesh Gupta, Nalagarh, Himachal Pradesh vs. ACIT (Central Circle ), Shimla, Himachal Pradesh

In the result, the appeals are allowed

ITA 441/CHANDI/2025[2017-18]Status: DisposedITAT Chandigarh08 Sept 2025AY 2017-18

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita Nos. 441 & 442/Chd/2025 "नधा"रण वष" / Assessment Year: 2017-18 & 2018-19 Shri Bhupesh Gupta, Vs The Acit, Aakash Hospital & Central Circle, Diagnostic, Nalagarh, Shimla. Solan. "थायी लेखा सं./Pan No: Aarpg5916A अपीलाथ"/Appellant ""यथ"/Respondent Assessee By : Shri Sudhir Sehgal, Advocate Revenue By : Shri Vivek Vardhan, Jcit Sr.Dr Date Of Hearing : 01.09.2025 Date Of Pronouncement : 08.09.2025 Virtual Hearing O R D E R Per Raj Pal Yadav, Vp

For Appellant: Shri Sudhir Sehgal, AdvocateFor Respondent: Shri Vivek Vardhan, JCIT Sr.DR
Section 147

reopened for assessing the unexplained sales of the assessee on sale of flats, whereas the additions have been made on the basis of unexplained sundry creditors. To buttress his contention, he took us through paragraph 5.2 of assessment order in assessment year 2012-13 and similar finding in the last ... reopened on the ground that assessee has unexplained sales but no addition was made on account of unexplained sales, rather additions on account of sundry creditors have been made which is beyond the scope of re-assessment proceedings because on escapement of these sundry creditors, AO ought to have been

K D Choudhari, Pune vs. DCIT Circle 5, Pune

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 328/PUN/2025[2022-23]Status: DisposedITAT Pune08 Sept 2025AY 2022-23

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.328/Pun/2025 िनधा"रण वष" / Assessment Year : 2022-23 K. D. Choudhari, Vs. Dcit, Circle-5, Pune. Office No.36, 37, 38, Krushi Udog Bhavan, Gultekdi, Shri Chhatrapati Shivaji Market Yard, Pune- 411037. Pan : Aanfk0084B Appellant Respondent Assessee By : Shri Pramod Shingte Revenue By : Shri Amol Khairnar Date Of Hearing : 05.08.2025 Date Of Pronouncement : 08.09.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 19.12.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2022-23. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. On The Facts & The Circumstances Of The Case & In Law, Lower Authorities Erred In Passing An Order U/S 250 Dated 19/12/2024, By Observing That Appellant Has Not Responded To Notices Issued In Appellate Proceedings, Thereby Completely Ignoring The Detailed Submissions Made In Response To Last Three Notices, That To On Or Before Due Date Mentioned, Such Casual Approach In The Appellate Proceeding Is Unacceptable Because, Ld. Cit(A) Ought

For Appellant: Shri Pramod ShingteFor Respondent: Shri Amol Khairnar
Section 143(3)Section 250Section 40Section 68

learned Assessing Officer erred in making an addition of Rs.2,50,69,673/- under section 68 cash credit being entire outstanding balance of sundry creditors without making any further verification entire additions needs to be deleted. 4. On the facts and in the circumstances of the case

ITO, Patiala vs. Sh. Kamalpreet Singh, Patiala

Appeal stands dismissed

ITA 225/CHANDI/2015[2009-10]Status: DisposedITAT Chandigarh04 Sept 2025AY 2009-10

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपीलसं./ Ita No.224/Chandi/2015 (िनधा"रणवष" / Assessment Year: 2009-10) Acit-Circle Patiala Shri Balwinder Singh Patiala. Prop. M/S M.P. Traders बनाम/ Vs. (Represented By L/R Shri Simranpal Singh) # 986/3 Dhobi Ghat, Patiala. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Acrps-5840-M (अपीलाथ"/Appellant) : (""थ" / Respondent) & 2. Co. No.13/Chandi/2015 [In Ita No.224/Chandi/2015] (िनधा"रणवष" / Assessment Year: 2009-10) Shri Balwinder Singh Acit-Ward-1 बनाम/ Prop. M/S M.P. Traders Patiala. (Represented By L/R Shri Simranpal Singh) Vs. # 986/3 Dhobi Ghat, Patiala. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Acrps-5840-M (अपीलाथ"/Appellant) : (""थ" / Respondent) & 3. आयकरअपीलसं./ Ita No.225/Chandi/2015 (िनधा"रणवष" / Assessment Year: 2009-10) Acit-Circle Patiala Shri Kamalpreet Singh बनाम/ Vs. Patiala. Prop. M/S Saran Enterprises 4, Dlf Shopping Complex, Patiala. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Acbps-1831-N (अपीलाथ"/Appellant) : (""थ" / Respondent)

For Appellant: Shri Tejmohan Singh (Advocate) – Ld. ARFor Respondent: Smt. Kusum Bansal (CIT) – Ld. DR
Section 120(1)Section 133ASection 143(2)Section 143(3)

jurisdiction. Considering the same, the assessee’s objection to the jurisdiction was rejected. 2.3 On merits, it was found that the assessee reflected sundry creditors of Rs.191.15 Lacs as on 31-03-2009 and the assessee was directed to file confirmed copy of account and original purchase bills. The assessee ... corresponding grounds raised by the revenue, in this regard, stand dismissed. 5. The second addition is for Rs.4.98 Lacs u/s 68 for sundry creditors balances. From the facts, it emerges that out of sundry creditor balance of Rs.191.15 Lacs as on 31-03-2009, only an amount of Rs.4.98 Lacs

ITO, Patiala vs. Sh. Balwinder Singh, Patiala

Appeal stands dismissed

ITA 224/CHANDI/2015[2009-10]Status: DisposedITAT Chandigarh04 Sept 2025AY 2009-10

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपीलसं./ Ita No.224/Chandi/2015 (िनधा"रणवष" / Assessment Year: 2009-10) Acit-Circle Patiala Shri Balwinder Singh Patiala. Prop. M/S M.P. Traders बनाम/ Vs. (Represented By L/R Shri Simranpal Singh) # 986/3 Dhobi Ghat, Patiala. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Acrps-5840-M (अपीलाथ"/Appellant) : (""थ" / Respondent) & 2. Co. No.13/Chandi/2015 [In Ita No.224/Chandi/2015] (िनधा"रणवष" / Assessment Year: 2009-10) Shri Balwinder Singh Acit-Ward-1 बनाम/ Prop. M/S M.P. Traders Patiala. (Represented By L/R Shri Simranpal Singh) Vs. # 986/3 Dhobi Ghat, Patiala. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Acrps-5840-M (अपीलाथ"/Appellant) : (""थ" / Respondent) & 3. आयकरअपीलसं./ Ita No.225/Chandi/2015 (िनधा"रणवष" / Assessment Year: 2009-10) Acit-Circle Patiala Shri Kamalpreet Singh बनाम/ Vs. Patiala. Prop. M/S Saran Enterprises 4, Dlf Shopping Complex, Patiala. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Acbps-1831-N (अपीलाथ"/Appellant) : (""थ" / Respondent)

For Appellant: Shri Tejmohan Singh (Advocate) – Ld. ARFor Respondent: Smt. Kusum Bansal (CIT) – Ld. DR
Section 120(1)Section 133ASection 143(2)Section 143(3)

jurisdiction. Considering the same, the assessee’s objection to the jurisdiction was rejected. 2.3 On merits, it was found that the assessee reflected sundry creditors of Rs.191.15 Lacs as on 31-03-2009 and the assessee was directed to file confirmed copy of account and original purchase bills. The assessee ... corresponding grounds raised by the revenue, in this regard, stand dismissed. 5. The second addition is for Rs.4.98 Lacs u/s 68 for sundry creditors balances. From the facts, it emerges that out of sundry creditor balance of Rs.191.15 Lacs as on 31-03-2009, only an amount of Rs.4.98 Lacs

Sh. Kamalpreet Singh, Patiala vs. ACIT, Patiala

Appeal stands dismissed

ITA 185/CHANDI/2015[2009-10]Status: DisposedITAT Chandigarh04 Sept 2025AY 2009-10

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपीलसं./ Ita No.224/Chandi/2015 (िनधा"रणवष" / Assessment Year: 2009-10) Acit-Circle Patiala Shri Balwinder Singh Patiala. Prop. M/S M.P. Traders बनाम/ Vs. (Represented By L/R Shri Simranpal Singh) # 986/3 Dhobi Ghat, Patiala. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Acrps-5840-M (अपीलाथ"/Appellant) : (""थ" / Respondent) & 2. Co. No.13/Chandi/2015 [In Ita No.224/Chandi/2015] (िनधा"रणवष" / Assessment Year: 2009-10) Shri Balwinder Singh Acit-Ward-1 बनाम/ Prop. M/S M.P. Traders Patiala. (Represented By L/R Shri Simranpal Singh) Vs. # 986/3 Dhobi Ghat, Patiala. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Acrps-5840-M (अपीलाथ"/Appellant) : (""थ" / Respondent) & 3. आयकरअपीलसं./ Ita No.225/Chandi/2015 (िनधा"रणवष" / Assessment Year: 2009-10) Acit-Circle Patiala Shri Kamalpreet Singh बनाम/ Vs. Patiala. Prop. M/S Saran Enterprises 4, Dlf Shopping Complex, Patiala. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Acbps-1831-N (अपीलाथ"/Appellant) : (""थ" / Respondent)

For Appellant: Shri Tejmohan Singh (Advocate) – Ld. ARFor Respondent: Smt. Kusum Bansal (CIT) – Ld. DR
Section 120(1)Section 133ASection 143(2)Section 143(3)

jurisdiction. Considering the same, the assessee’s objection to the jurisdiction was rejected. 2.3 On merits, it was found that the assessee reflected sundry creditors of Rs.191.15 Lacs as on 31-03-2009 and the assessee was directed to file confirmed copy of account and original purchase bills. The assessee ... corresponding grounds raised by the revenue, in this regard, stand dismissed. 5. The second addition is for Rs.4.98 Lacs u/s 68 for sundry creditors balances. From the facts, it emerges that out of sundry creditor balance of Rs.191.15 Lacs as on 31-03-2009, only an amount of Rs.4.98 Lacs