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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

Vikas Vaishnav HUF, Mumbai vs. ITO Ward 19(3)(1), Mumbai

In the result, the appeal of the assessee bearing ITA No

ITA 8125/MUM/2025[2023-24]Status: DisposedITAT Mumbai13 Feb 2026AY 2023-24

Bench: Shri Anikesh Banerjee & Shri Girish Agrawalvikas Vaishnav Huf Vs Ito Ward 19(3)(1), Mumbai Office No. Lg 81 G, Lower Room No.405, 4Th Floor, Piramal Ground Floor, Express Zone Chamber, Lal Baugh, Parel, Mall, A Wingh, Western Mumbai-400012 Express Highway, Opp Adani Electricity, Malad (East) Mumbai-400097 Pan: Aalhv5953J Appellant Respondent Assessee By : Shri Himanshu Gandhi, Respondent By : Shri Sushil Shende (Sr Dr) Date Of Hearing : 09/02/2026 Date Of Pronouncement : 13/02/2026 O R D E R Per: Anikesh Banerjee (Jm): The Instant Appeal Of The Assessee Filed Against The Order Of The Nfac, Delhi [For Brevity ‘The Ld. Cit(A)’], Order Passed Under Section 250 Of The Income Tax Act, 1961 (For Brevity ‘The Act’) For Assessment Year 2023-24, Date Of Order 12.09.2025. The Impugned Order Emanated From The Order Of The Assessment

For Appellant: Shri Himanshu GandhiFor Respondent: Shri Sushil Shende (SR DR)
Section 139(1)Section 143(3)Section 250Section 68Section 69C

said amount was duly added back u/sec. 69C r.w.s. 115BBE of the Act with the total income of the assessee. Further the sundry creditor balance for the credit purchases added during the year of Rs. 110,47,06,734/- in respect of Feriha Exm Pvt Ltd, is treated as unexplained ... reconciliation of purchase as per books and GSTR 2A was placed in APB page 42 and the said difference is duly reconciled. Related to sundry creditors the ledger account and confirmation from the Fariha Exim Pvt. Ltd. is duly enclosed in APB page 52 to 56. The Ld. AR argued

Assistant Commissioner of Income Tax, Circle-1(1), Delhi, C.R. Building, New Delhi vs. Ajanta Raaj Proteins Limited, Uttar Pradesh

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

ITA 3016/DEL/2023[2017-18]Status: DisposedITAT Delhi04 Feb 2026AY 2017-18

Bench: Shri Anubhav Sharma & Shri Manish Agarwal[Assessment Year : 2017-18] Acit Vs Ajanta Raaj Proteins Ltd. Circle-1(1) 41/4, Friends Tower C.R. Building Sanjay Palace New Delhi. Agra-282005 (U.P) Pan-Aabca1137E Appellant Respondent C.O.No.-144/Del/2023 [In Ita No.3016/Del/2023] [Assessment Year : 2017-18] Ajanta Raaj Proteins Ltd. Vs Acit 41/4-A, Friends Tower Circle-1(1) Sanjay Palace, C.R. Building Agra-282005 (U.P) New Delhi. Pan-Aabca1137E Appellant Respondent Revenue By Shri Krishna Kumar Ramawat, Sr. Dr Assessee By None Date Of Hearing 01.12.2025 Date Of Pronouncement 04.02.2026 Order Per Manish Agarwal, Am : The Captioned Appeal Is Filed By Revenue & Cross-Appeal Filed By The Assessee Against The Order Dated 28.08.2023 By Ld. Commissioner Of Income Tax (A), National Faceless Appeal Centre

Section 142(1)Section 143(2)Section 143(3)Section 250Section 68

dated 26.12.2019 passed u/s 143(3) of the Act by making addition of INR 14,34,84,244/- and INR 17,64,568/- towards sundry creditors and current liabilities u/s 68 as unexplained credits, INR 5,69,53,680/- towards cash deposit in SBN during demonetization period ... remanding the issue to the file of AO with respect to the addition of INR 14,34,84,244/- made on account of Sundry Creditors. 9. From the perusal of order of Ld. CIT(A), it is observed that ld. CIT(A) has given following directions