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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

Swarn Ganga Jewellers, Chandigarh vs. DCIT, Circle 4(1) Now DCIT, Circle 1(1), Chandigarh

In the result, the appeal of the assessee stands allowed

ITA 675/CHANDI/2022[2017-18]Status: DisposedITAT Chandigarh28 Jun 2024AY 2017-18

Bench: This Tribunal Being Aggrieved By An Order No. Itba/Nfac/S/250/2022-23/1045180258(1) For A.Y. 2017-18 Dt. 05/09/2022 Which Is Hereinafter Referred To As The “Impugned Order”. The Impugned Order Is Passed By Cit(A) In Terms Of Section 250 Of The Income Tax Act, 1961. Factual Matrix 2. That Survey U/S 133A Of The Income Tax Act, 1961 Was Conducted On The Business Premises Of The Assessee On 06/09/2016. The Assessee Surrendered A Sum Of Rs. 50,00,000/- During The Survey & Paid Tax Thereon. The Return Of Income Was Filed On 01/11/2017 Declaring A Total Income Of Rs. 89,48,260/-. Thereafter The Case Of The Assessee Was Selected For Scrutiny Under Compulsory Scrutiny Guidelines & Notice Under Section 143(2) Of The Act Was Issued On 11/09/2018. The Assessment Was Finalised Vide Order Dt. 23/12/2019 Whereby Addition Of Rs. 95,70,882/- Was Made U/S 68 R.W..S 115Bbe Of The Act.

For Appellant: Shri Parikshit Aggarwal, C.AFor Respondent: Shri Dharam Vir, JCIT, Sr. DR
Section 133ASection 143(2)Section 250Section 253Section 68

explanation, the assessee has furnished the cash book containing the entries towards the cash sales, cash deposits with bank, complete sale and purchase ledgers, sundry creditors, VAT returns, copy of trading and profit/loss account and balance sheet which are duly audited. No defect has been pointed

Agarwal Sponge & Energy Private Limited, Hyderabad vs. Dy. Commissioner of Income Tax, Circle-1(1), Hyderabad

The appeal are dismissed

ITA 59/HYD/2018[2010-11]Status: DisposedITAT Hyderabad28 Jun 2024AY 2010-11

Bench: Shri K. Narasimha Chary & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.59/Hyd/2018 (निर्धारण वर्ा/Assessment Year: 2010-11) M/S. Agarwal Sponge & Vs. Dy. C. I. T. Energy (P) Ltd., Circle 1(1) Hyderabad Hyderabad Pan:Aaeca8680P (Respondent) (Appellant) निर्धाररती द्वधरध/Assessee By: Shri Sunil Kumar Jain, Ca रधजस्‍व द्वधरध/Revenue By:: Ms. Sheetal Sarin, Dr सुिवधई की तधरीख/Date Of Hearing: 27/05/2024 घोर्णध की तधरीख/Pronouncement: 28/06/2024 आदेश / Order Per Madhusudan Sawdia, A.M: This Appeal Is Filed By Agarwal Sponge & Energy (P) Ltd. (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals)-1, Hyderabad (“Ld.Cit(A)”) Dated 31.08.2017 For A.Y.2010-11. 2. The Assessee Has Raised The Following Concise Grounds: "1. The Order Of The Learned Cit(A) Dated 31/8/2017 Is Contrary To Law & Facts.

For Appellant: Shri Sunil Kumar Jain, CAFor Respondent: : Ms. Sheetal Sarin, DR
Section 115JSection 143(3)Section 234ASection 43

next ground raised by the assessee in Grounds of appeal No.4 is with regard to the addition of Rs.65,41,407/- on account of sundry creditors. The Ld. AO made an addition of Rs.65,41,407/- on account of differences found between the closing balances as per creditors

Asian Health and Nutri Foods Private Limited, Chennai vs. Iti, Circle 1(1), Salem

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

ITA 971/CHNY/2024[2017-18]Status: DisposedITAT Chennai28 Jun 2024AY 2017-18

Bench: Shri Manu Kumar Giri, Hon’Ble Judicial Membe & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं./Ita No.: 971/Chny/2024 िनधा"रणवष" / Assessment Year: 2017-18 Income Tax Officer, Asian Health & Nutri Foods V. Circle -1(1), Private Limited, Salem. No. 959/1A, K S Road, Sooravarikandigal, Sirupuzhalpettai (Post), Gummidippondi, Chennai, Thiruvallur – 601 201 [Pan:Aadca-6299-D] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Shri. D. Anand, Advocate ""यथ"क"ओरसे/Respondent By : Shri. D. Hemabhupal, Jcit सुनवाईकीतारीख/Date Of Hearing : 24.06.2024 घोषणाकीतारीख/Date Of Pronouncement : 28.06.2024 आदेश /O R D E R Per S. R. Raghunatha:

For Appellant: Shri. D. Anand, AdvocateFor Respondent: Shri. D. HemaBhupal, JCIT
Section 115BSection 143(2)Section 143(3)Section 264Section 270A

U/s.115BBE of the Act. 1. Cash sales as unexplained - Rs.10,57,07,149/- 2. Cash deposit during demonetisation Rs. 4,31,00,000/- 3. Sundry Creditors for goods Rs. 7,16,00,000/- :-3-: ITA. No:971/Chny/2024 4. Aggrieved by the order of the AO, assessee preferred an appeal before ... made by the Assessee passed an order U/s.143(3) r.w.s.264 on 31.03.2022 by reducing the addition to Rs.2,36,90,490/- on account of sundry creditors / trade advances and deleting the addition made an account of cash sales. Subsequently, the case was transferred to this office from National faceless penalty

Patchirajan Lakshmanan, Madurai vs. PCIT, Madurai

In the result, appeal of the assessee is allowed

ITA 597/CHNY/2020[2015-16]Status: DisposedITAT Chennai28 Jun 2024AY 2015-16

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं./Ita No.: 597/Chny/2020 िनधा"रणवष" / Assessment Year: 2015-16 The Principal Commissioner Of Patchirajan Lakshmanan, V. Income Tax, No. 102F,/16Z/3, Maduari -1, Dhanasekaran Nagar, Madurai – 625 002. Polepettai (West) – 628 002. [Pan:Aazpl-1396-H] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Shri. S. Sridhar, Advocate ""यथ"क"ओरसे/Respondent By : Shri. V. Nandakumar, Cit सुनवाई क" तारीख/Date Of Hearing : 01.05.2024 घोषणा क" तारीख/Date Of Pronouncement : 28.06.2024 आदेश /O R D E R

For Appellant: Shri. S. Sridhar, AdvocateFor Respondent: Shri. V. Nandakumar, CIT
Section 143(1)(a)Section 143(3)Section 263Section 54F

case was selected for limited scrutiny under CASS for the following reasons : (i) interest expenses (ii) sales turnover mismatch :-4-: ITA. No:597/Chny/2020 (iii) sundry creditors (iv) increase in capital (v) deduction claimed under the head capital gains and a notice u/s. 143(2) of the Act was issued ... appellant along with various annexures 21 - Date wise Break up of amounts construction 22 06.03.2017 Letter filed by the appellant enclosing the list of sundry creditors with names and addresses along with the relevant ledger extracts 23 27.02.2017 Letter submitted by the appellant 24 20.02.2017 Letter submitted by the appellant

M/S. Gunny Dealers Ltd., Kolkata vs. ITO, Tech-1, Kolkata

In the result, the appeal of the assessee is treated as partly allowed

ITA 1373/KOL/2023[2012-13]Status: DisposedITAT Kolkata27 Jun 2024AY 2012-13

Bench: Shri Sanjay Garg & Shri Rakesh Mishrai.T.A. No.1373/Kol/2023 Assessment Years: 2012-13 M/S Gunny Dealers Ltd…………………....................…...……………....Appellant C/O Subash Agarwal & Associates, Advocates Siddha Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor, Kolkata – 700069. [Pan: Aabcg0019R] Vs. Ito, Tech-1, Kolkata………….……………............................…..…..... Respondent Appearances By: Shri Siddharth Agarwal, Advocate, Appeared On Behalf Of The Assessee. Shri P. P. Barman, Addl. Cit-Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : April 30, 2024 Date Of Pronouncing The Order : June 27, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 28.11.2023 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. The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1. For That On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Ought To Haye Considered That The Order U/S 143(3) Was Passed By An Authority Who Lacks Jurisdiction Over The Appellant & As Such, The Said Order Is Bad In Law & Is Liable To Be Quashed. 2. For That On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Was Not Justified In Confirming The Disallowance Of

Section 131Section 143(3)Section 250Section 36(1)(va)Section 40A(3)

upon the findings of both the lower authorities has submitted that almost 94% of the purchases were made in cash. That in respect of sundry creditors, the payment was shown in the books but remain unpaid. He referred to page 19 of the assessment order to submit that the Assessing ... purchased raw jute from farmers, which is brought to its premises by the said farmers. The Assessing Officer noted that the assessee had shown sundry creditors of Rs.4,36,64,676/- relating to the cash purchases of raw jute. The assessee in this respect has explained that the farmers brought

Samar Biri Factory, Siliguri vs. A.O., Assessment Unit, Bengaluru

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

ITA 582/KOL/2024[2020-21]Status: DisposedITAT Kolkata24 Jun 2024AY 2020-21

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 582/Kol/2024 Assessment Year: 2020-21 Samar Biri Factory Assessing Officer, Assessment Unit Aurobindopally Vs Siliguri - 734006 [Pan : Aaofs7941N] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Sujit Basu & Rajib Mukherjee, Advocate Revenue By : Shri G. Ajay Robin Singh, Jcit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 12/06/2024 घोषणा क" तारीख /Date Of Pronouncement: 24/06/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre, (Hereinafter The “Ld. Cit(A)”) Dt. 19/02/2024, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For Assessment Year 2020-21. 2. Though The Assessee Has Raised Various Grounds Of Appeal But The Main Contention Of The Assessee Is That On Account Of The Death Of The Key Person Of The Assessee Firm, No One Could Appear Before The Ld. Assessing Officer And, Thereafter When The Appeal Was Filed Before The Ld. Cit(A), The Same Was Dismissed On Account Of Delay In Filing The Appeal. It Was Prayed That Since High Pitched Assessment Has Been Made In The Case Of Assessee By The Ld. Assessing Officer & Assessee Had No Opportunity To Furnish The Details, The Issues On Merits May Be Restored To The File Of The Ld. Assessing Officer For De Novo Adjudication.

For Appellant: Shri Sujit Basu & Rajib Mukherjee, AdvocateFor Respondent: Shri G. Ajay Robin Singh, JCIT, Sr. D/R
Section 139(1)Section 143(2)Section 250Section 36(1)(va)Section 43BSection 69C

additions made by the ld. Assessing Officer are firstly unexplained expenditure u/s 69C of the Act for the difference in closing balance of the sundry creditors for the current year and preceding year and secondly disallowance u/s 36(1)(va) of the Act have delay in deposit of employer