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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

Anna Aluminium Company (P) Ltd., Ernakulam vs. Dy.Commissioner of Income T Ax Corp.Circle1(1), Kochi

In the result, the appeal filed by the assessee stands allowed

ITA 738/COCH/2023[AY-2017-18]Status: DisposedITAT Cochin27 Jun 2025

Bench: Shri Inturi Rama Rao, Am & Prakash Chand Yadav, Jm Assessment Year: 2017-18 Anna Aluminium Company (P) Ltd. .......... Appellant Kp 111 847, Kizhakkambalam, Aluva 683562 [Pan: Aafca6562R] Vs. Dcit, Corporate Circle-1(1), Kochi .......... Respondent Appellant By: Shri Harikrishnanunny, Ca Respondent By: Shri Sundarasan S., Cit-Dr Date Of Hearing: 28.05.2025 Date Of Pronouncement: 27.06.2025 O R D E R Per: Inturi Rama Rao, Am This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi [Cit(A)] Dated 26.08.2023 For Assessment Year (Ay) 2017-18. 2. Brief Facts Of The Case Are That The Appellant Is A Company Incorporated Under The Provisions Of Companies Act. The Return Of Income For Ay 2017-18 Was Filed On 30.10.2017 Declaring Income Of Rs. 7,50,26,610/-. Against The Said Return Of Income, The Assessment Was Completed By The Dcit, Corporate Circle 1(1), Kochi (Hereinafter Called "The Ao") Vide Order Dated 23.12.2019

For Appellant: Shri Harikrishnanunny, CAFor Respondent: Shri Sundarasan S., CIT-DR
Section 143(3)Section 41(1)

written off the debts. The AO also made addition of Rs. 21,70,211/- u/s. 41(1) of the Act by holding that sundry creditors are outstanding for more than three years. 3. Being aggrieved, an appeal was filed before the CIT(A), who vide the impugned order while remitting ... raised the assessee stands allowed. 9. Ground of appeal No. 3 challenges the decision on outstanding creditors only on the ground that sundry creditors are outstanding for a period of 3 years, invoking the provisions of section 41(1) of the Act. The mere fact that sundry creditors are outstanding

Amit Kumar Sen, Hooghly vs. ACIT, Circle 23(1), Hooghly

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

ITA 388/KOL/2025[2017-18]Status: DisposedITAT Kolkata25 Jun 2025AY 2017-18

Bench: Shri George Mathan & Shri Sanjay Awasthiआयकर अपील सं/Ita No.388/Kol/2025 (निर्धारण वर्ा / Assessment Year : 2017-2018) Amit Kumar Sen, Vs Acit, Circle-23(1), Hooghly Sahapur, Tarakeswar, Hooghly (Wb)-712410 Pan No. :Aavfs 6967 R (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्धाररती की ओर से /Assessee By : Shri P.K.Ray, Shri S.N.Patra & Shri Trideep Nayak, Ars रधजस्व की ओर से /Revenue By : Shri Abhijit Adhikary, Addl/Cit-Sr.Dr सुनवाई की तारीख / Date Of Hearing : 25/06/2025 घोषणा की तारीख/Date Of Pronouncement : 25/06/2025 आदेश / O R D E R Per George Mathan, Jm : This Is An Appeal Filed By The Assessee Against The Order Dated 27.12.2024 Of The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Passed In Din & Order No.Itba/Nfac/S/250/2024- 25/1071619653(1) For The Assessment Year 2017-2018. 2. Shri P.K.Ray, Shri S.N.Patra & Shri Trideep Nayak, Ld. Ars Appeared On Behalf Of The Assessee. Shri Abhijit Adhikary, Ld. Sr.Dr Appeared On Behalf Of The Revenue. 3. At The Time Of Hearing, Ld. Ar Was Specifically Asked To Point Out How The Assessee Has Responded To The Chart Issued By The Assessing Officer, Which Is Recorded In Page 3 Of The Assessment Order. Other Than Referring To Various Replies That Have Been Filed By The Assessee, Which Were Uploaded From The Portal, No Specific Reply To The Said Para Was Pointed Out. Admittedly, The Assessee Has Not Been Able To Dislodge The Said Chart.

For Appellant: Shri P.K.Ray, Shri S.N.Patra and Shri Trideep Nayak, ArsFor Respondent: Shri Abhijit Adhikary, Addl/CIT-Sr.DR
Section 142(1)Section 143(2)

Bank- Current 14, 2014-15, A/c 201 5-1 6 & 08/07/2019 Statement & 4 03/07/2019 143(3) ITBA/AST/F/ 17/201 9- 2017-18, total Sundry Creditors 20/1016639410(1) Ledger Copy turnover, total cash receipts 29/07/2019 & deposited in Purchase bank, total cash Register 02/08/2019 withdrawals, net Advance against profit and total Goods List ... provided detailed explanations with supporting documents. These included: o Audited accounts and audit reports o 26 AS statements o All bank statements 7 o Sundry Creditors ledger and Debtors list o All Indirect expenses ledgers o Sales/Purchase ledgers o Cash Book for the specified demonetization period o Cash deposit

The ACIT, Central Circle-2, Morbi vs. M/S. Kishan Plus Minarals, Rajkot

In the result, appeal filed by the Revenue (In ITA No

ITA 124/RJT/2021[2019-20]Status: DisposedITAT Rajkot20 Jun 2025AY 2019-20

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं /.Ita No.124/Rjt/2021 With Cross Objection No.02/Rjt/2022 "नधा"रणवष"/ Assessment Year: 2019-20 Acit, Cent.Cir.2 M/S.Kishan Plus Minerals बनाम Rajkot. Jetpar Road, Nr. Pavadiyali Temple, Jasmatgadh Vs. Morbi. Pan : Aaqfk4689P (अपीलाथ"/Assessee) : (""यथ"/Respondent) "नधा"रती क" ओर से/Assessee By : Shri Mehul Ranpura, Ld. Counsel राज"व क" ओर से/Revenue By : Shri Sanjay Punglia, Ld. Cit-Dr सुनवाई क" तार"ख /Date Of Hearing : 29/01/2025 (Originally Heard Refixed On 05.06.2025 घोषणा क" तार"ख /Date Of Pronouncement : 20/06/2025 Order Per Dr. Arjun Lal Saini:

For Appellant: Shri Mehul Ranpura, Ld. CounselFor Respondent: Shri Sanjay Punglia, Ld. CIT-DR
Section 143(3)Section 250

plus Mineral i.e. assessee- firm. Further, on perusal of these pages, it is noticed that these pages contain profit and loss account, Balance sheet, Sundry Creditors (Raw Material), Sunday creditors from 01/04/2018 to 30/06/2018. This data is related to Kishan plus Minerals, as stated by Shri Bhagwanjibhai Amrutiya ... documents seized by the Department belonged to the assessee, therefore, Ld. DR took us through paper book filed by the assessee and reconciled the sundry creditors with the documents seized by the Department vis-à-vis audited books of the assessee. The Ld. DR also reconciled the sundry debtors