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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

Rtv International, Solan vs. Pr.CIT, Shimla

The appeal stands allowed in terms of our above order

ITA 131/CHANDI/2021[2014-15]Status: DisposedITAT Chandigarh15 Jul 2025AY 2014-15

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No. 131/Chandi/2021 (िनधा"रणवष" / Assessment Year: 2014-15) M/S Rtv Vision Technologies Pvt. Ltd. Pr. Cit बनाम/ (Successor Of M/S Rtv International) Shimla. Plot No.G-97, Site-5, Upsidc Vs. Kasna Industrial Area, Greater Noida "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaccr-4395-J / Aalfr-8106-R (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Sameer Kapoor- Ld. Ar ""थ"कीओरसे/Respondent By : Shri Rajat Kumar Kureel (Cit) – Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 02-07-2025 घोषणाकीतारीख /Date Of Pronouncement : 15-07-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2014-15 Assailing Proposed Revision Of The Order U/S 263 As Passed By Ld. Pr. Commissioner Of Income Tax, Shimla (Pr. Cit) On 22-03-2019 Has Come Up For Hearing Pursuant To The Order Of Hon’Ble High Court Of Himachal Pradesh, Shimla In Ita No.01 Of 2025 Dated 28-05-2025. The Directions Of Hon’Ble Court Are As Under: - 3. In The Given Facts & Circumstances, We Deem It Appropriate To Condone The Delay In Filing The Appeal & Set Aside Orders Dated

For Appellant: Shri Sameer Kapoor- Ld. ARFor Respondent: Shri Rajat Kumar Kureel (CIT) – Ld. DR
Section 143(3)Section 263Section 80I

that extent accordingly. 3. Subsequently, Ld. Pr. CIT, upon perusal of case records, proposed revision of the assessment order on the ground that sundry creditors were shown for Rs.103.26 Lacs which were more than the turnover of Rs.58.03 Lacs as reflected by the assessee. It was observed that the genuineness ... accepted the explanation of the assessee without conducting any third party enquiry / verification. The Ld. AO failed to verify the genuineness of increase in sundry creditors. Further, furnishing of bank statements of partners in justification of capital introduction was not acceptable since AO was required to verify whether the source