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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

Arham Gems and Jewellery, Ahmedabad vs. The Income Tax Officer, Ward-1(2)(1) (Old Ward-1(3)(1)), Ahmedabad

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

ITA 1087/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad17 Dec 2024AY 2017-18

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyalआयकर अपील सं /Ita No.1087/Ahd/2024 िनधा"रण वष" /Assessment Year : 2017-18 Arham Gems & Jewellery The Income Tax Officer C/O. M.S. Chhajed & Co., Ca बनाम/ Ward-1(2)(1) V/S. “Kamal Shanti” [Old Ward-1(3)(1)] Nr.Sardar Patel Statue, Ahmedabad – 380 015 Ahmedabad – 380 014 "थायी लेखा सं./Pan: Aasfa 7013 P (अपीलाथ"/ Appellant) ("" यथ"/ Respondent) Assessee By : Shri M.S. Chhajed, Ar Revenue By : Shri Rignesh Das, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 03/12/2024 घोषणा की तारीख /Date Of Pronouncement: 17/12/2024 आदेश/O R D E R Per Siddhartha Nautiyal, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 18-12-2023 Passed By The Ld. Commissioner Of Income Tax (Appeals)-11, Ahmedabad [Hereinafter Referred To As “Ld.Cit(A)”] For The Assessment Year (Ay) 2017-18 Arising From The Order Dated 26/12/2019 Passed By The Assessing Officer (Hereinafter Referred To As “Ao”) U/S. 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”).

For Appellant: Shri M.S. Chhajed, ARFor Respondent: Shri Rignesh Das, Sr.DR
Section 115BSection 143(3)Section 69ASection 69B

Loss account of the company, bank statement, month-wise sales and purchase register, copies of ledger account of related parties, ledger account of all sundry creditors and debtors exceeding Rs.50,000/-, copy of group summary of expenses, VAT Audit Report, etc. Accordingly, the ld.counsel for the assessee submitted that substantial

Asiatic Enterprises, Chennai vs. ITO, Ncw 19(3), Chennai

The appeal stand allowed in terms of our above order

ITA 1847/CHNY/2024[2017-18]Status: DisposedITAT Chennai17 Dec 2024AY 2017-18

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita No.1847/Chny/2024 (िनधा9रणवष9 / Assessment Year: 2017-18) M/S. Asiatic Enterprises Ito बनाम/ # 6, Jones Road, Saidapet, Non-Corporate Ward-19(3) Vs. Chennai-600 015. Chennai. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaffa-5949-M (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ" कीओरसे/ Appellant By : Shri T. Vasudevan (Advocate)- Ld.Ar " थ"कीओरसे/Respondent By : Ms. R. Anita (Addl.Cit)-Ld. Sr. Dr सुनवाई की तारीख/Date Of Hearing : 04-12-2024 घोषणा की तारीख /Date Of Pronouncement : 17-12-2024 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: Shri T. Vasudevan (Advocate)- Ld.ARFor Respondent: Ms. R. Anita (Addl.CIT)-Ld. Sr. DR
Section 115BSection 143(3)Section 68Section 69

write-off the loss as not recoverable in the current year and hence confirming the disallowance was improper and unjustified. III ESTIMATED ADDITION OF SUNDRY CREDITORS : 10.The CIT(A) NFAC erred in confirming the estimated addition of the sundry creditors to the extent of the gross profit of assessee. 11.The ... addition treating them as not explained. 12. The CIT(A) NF AC further failed to appreciate that the basis to estimate the addition of sundry creditors by the officer was itself flawed and no further estimate can be made to justify a wrong addition. 13.The CIT(A) NFAC further failed

Shyamal Kumar Ghosh, Kolkata vs. I.T.O., Ward - 33(5), Kolkata

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

ITA 1813/KOL/2024[2017-2018]Status: DisposedITAT Kolkata09 Dec 2024AY 2017-2018

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthii.T.A. No.1813/Kol/2024 Assessment Year: 2017-18 Shyamal Kumar Ghosh……………………………………………….…..……Appellant 40, Weston Street, 2Nd Floor, Bowbazar, Kolkata – 700013. [Pan: Adtpg3720F] Vs. Ito, Ward-33(5), Kolkata............…..….…..….........……........……...…..…..Respondent Appearances By: Shri Abhishek Bansal, Ar, Appeared On Behalf Of The Appellant. Shri Akhil Kumar, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 12, 2024 Date Of Pronouncing The Order : December 09, 2024 Order Per Sonjoy Sarma: The Present Appeal Is Filed By The Assessee Against The Order Dated 12.12.2023 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’). 2. At The Outset, The Ld. Ar Raised Issue Of A Delay Of 198 Days In Filing The Instant Appeal. The Assessee Has Submitted An Application For Condonation Of Delay Citing Valid & Proper Reasons. After Considering The Averments Made In The Application, We Condone The Delay. 3. Brief Facts Of The Case Are That The Assessee Filed His Return Of Income For The Assessment Year 2017-18 By Declaring Gross Total Income Of Rs.14,15,352/- & Total Income Of Rs.12,49,520/- After Deduction Under Chapter Vi-A Of The Act. The Case Of The Assessee Was Selected For Scrutiny & Notices U/S 143(2) & 142(1) Of The Act Were Issued. In Response, The Assessee Submitted Profit & Loss A/C, Balance Sheet And

Section 133(6)Section 143(2)Section 145(3)Section 250Section 44ASection 68Section 69A

made during the period of demonetization from 09.11.2016 to 30.12.2016. The Assessing Officer has issued further notices seeking details of purchase, unsecured loans and sundry creditors and nature of cash deposits. The assessee did not comply and subsequently the Assessing Officer issued notice