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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

Namdeo Indarrao Gore, Pune vs. Dy. Commissioner of Income Tax, Circle 5 Pune, Pune

ITA 1397/PUN/2023[2015-16]Status: DisposedITAT Pune27 Mar 2024AY 2015-16

Bench: Shri Satbeer Singh Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.1397/Pun/2023 िनधा"रण वष" / Assessment Year : 2015-16 Namdeo Indarrao Gore, The Dy.Commissioner Of Subhadra Cme Engineers, V Income Tax, Plot No.1, Subhadra House, S Circle-5, Pune. Nanded Phata, Maharashtra – 411041. Pan: Aavpg0671L Appellant / Assessee Respondent / Revenue Assessee By Shri Rohit S. Tapadiya – Ca Revenue By Shri Ramnath P Murkunde – Ar Date Of Hearing 27/03/2024 Date Of Pronouncement 27/03/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 Dated 26.10.2023. The Assessee For A.Y.2015-16 Has Raised The Following Grounds Of Appeal : “1. The Ld.Ao Erred In Making & Ld. Cit(A) Erred In Confirming An Addition Of Rs.30,71,906/- U/S 41(1) Of The Income Tax Act On Account Of Unpaid Sundry Creditors. Namdeo Indarrao Gore [A]

Section 250Section 271(1)(c)Section 41(1)

erred in confirming an addition of Rs.30,71,906/- u/s 41(1) of the income Tax Act on account of unpaid sundry creditors. Namdeo Indarrao Gore [A] 2. without prejudice to above, The Ld AO and Ld CIT(A) may please be directed to delete that the addition ... Rs.30,71,796/-. The relevant paragraph 4 of the assessment order is reproduced here as under: 2 Namdeo Indarrao Gore [A] “4. Disallowance of Sundry Creditors of Rs 30.71.796/- During the year under consideration, on perusal of the Balance Sheet, it is seen that the assessee has shown liability

Ganni Satyavani, Kurellagudem vs. Income Tax Officer, Ward-2, Eluru

In the result, appeal of the assessee is partly allowed

ITA 297/VIZ/2023[2017-18]Status: DisposedITAT Visakhapatnam22 Mar 2024AY 2017-18

Bench: Shri Duvvuru Rl Reddy, Hon’Bleआयकर अपील सं./ I.T.A. No.297/Viz/2023 (निर्धारण वर्ा / Assessment Year : 2017-18) Ganni Satyavani, Vs. The Income Tax Officer, Kurellagudem. Ward-2, Pan: Bukpg 4038 H Eluru. (अपीलधर्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधर्थी की ओर से/ Appellant By : Sri Gvn Hari, Ar प्रत्यधर्थी की ओर से / Respondent By : Dr. Aparna Villuri, Sr. Ar सुिवधई की तधरीख / Date Of Hearing : 19/03/2024 घोर्णध की तधरीख/Date Of : 22/03/2024 Pronouncement O R D E R Per Duvvuru Rl Reddy:

For Appellant: Sri GVN Hari, ARFor Respondent: Dr. Aparna Villuri, Sr. AR
Section 139Section 142(1)Section 144Section 69A

occasions by way of RTGS from M/s. Godrej Agrovet Limited and the balance credits are received from the other sundry creditors and therefore the Ld. AR pleaded to set-aside the orders of the Ld. Revenue Authorities. 5. On the other hand, the Ld. DR heavily relied on the orders ... concerned the assessee has not produced any documentary evidence to show that this amount was received from the sundry creditors nor produced 6 any details of the sundry creditors. Therefore, I am of the view that the assessee has not given proper source for the credit entries and accordingly

M/S Prudential Management Advisors Pvt.Ltd., Kolkata vs. ACIT, Cir-3(1), Kolkata.

In the result, appeal of the assessee is partly allowed

ITA 719/KOL/2023[2013-14]Status: DisposedITAT Kolkata21 Mar 2024AY 2013-14

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 719/Kol/2023 Assessment Year: 2013-14 M/S. Prudential Management Assistant Commissioner Of Advisors Pvt. Ltd. Vs Income Tax, Circle-3(1), Kolkata Suite No. 10, 5Th Floor Shantiniketan Building 8, Camac Street Kolkata - 700017 [Pan : Aaecp2505Q] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Manoj Kataruka, A/R Revenue By : Shri Abhijit Kundu, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 22/01/2024 घोषणा क" तारीख /Date Of Pronouncement: 21/03/2024 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, Delhi (Hereinafter The “Ld. Cit(A)”) Dt. 24/05/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2013-14. 2. The Assessee Has Raised The Following Grounds Of Appeal:- “1) That On The Facts & In The Circumstances Of The Case The Action Of The Cit(A) To Confirm The Addition Made By The Ao Of Rs.6,34,50,000/- On Account Of Loss On Sale Of Investments Is Contrary To The Material Evidences Of Record & The Addition Is Arbitrary, Excessive & Illegal. 2) That On The Facts & In The Circumstances Of The Case The Action Of The Cit(A) Confirm The Addition Made By The Ao Of Rs.25,33,00,386/- On Account Of Sundry Creditors U/S 41(1) Of The Act Is Contrary To The Material Evidences Of Record & The Addition Is Arbitrary, Excessive & Illegal.

For Appellant: Shri Manoj Kataruka, A/RFor Respondent: Shri Abhijit Kundu, CIT, D/R
Section 143(2)Section 143(3)Section 250Section 254Section 41(1)

case the action of the CIT(A) confirm the addition made by the AO of Rs.25,33,00,386/- on account of sundry creditors u/s 41(1) of the Act is contrary to the material evidences of record and the addition is arbitrary, excessive and illegal. 2 I.T.A. No. 719/Kol/2023 ... loss from sale of shares at Rs.6,34,50,000/- and addition u/s 41(1) of the Act for cessation of liability towards sundry creditors at Rs.25,33,00,386/-. Aggrieved assessee preferred appeal before the ld. CIT(A) but vide order dt. 27/03/2018, the ld. CIT(A) confirmed

Assistant Commissioner of Income Tax, Madurai vs. Asaikani Nadar Kamaraj, Rajapalayam

In the result, the appeal filed by the Revenue as well as Cross

ITA 1197/CHNY/2023[2017-18]Status: DisposedITAT Chennai21 Mar 2024AY 2017-18

Bench: Shri V. Durga Rao & Shri Manjunatha, G.आयकर अपील सं./I.T.A. No.1197/Chny/2023 िनधा"रण वष"/Assessment Year: 2017-18 & C.O. No. 54/Chny/2023 [In I.T.A. No. 1197/Chny/2023] The Assistant Commissioner Of Vs. Asaikani Nadar Kamaraj, Income Tax, 7/84, Pound Street, Chokkanathaputhur, Central Circle 2, Rajapalayam, Virudhunagar District, Madurai. Tamil Nadu 626 121. [Pan:Aaxpk1318E] (अपीलाथ" /Appellant) (""थ"/Respondent/Cross Objector) Department By : Shri R. Clement Ramesh Kumar, Cit Assessee By : Shri R. Venkataraman, C.A. सुनवाई की तारीख/ Date Of Hearing : 07.03.2024 घोषणा की तारीख /Date Of Pronouncement : 21.03.2024 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Revenue & The Cross Objection By The Assessee Are Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 19, Chennai, Dated 31.08.2023 Relevant To The Assessment Year 2017-18. 2. Brief Facts Of The Case Are That The Assessee Filed His Return Of Income For The Assessment Year 2017-18 On 01.11.2017 Admitting A Total

For Appellant: Shri R. Venkataraman, C.AFor Respondent: Shri R. Clement Ramesh Kumar, CIT
Section 133ASection 142(1)Section 143(1)Section 143(2)Section 144Section 145Section 68

course of survey proceedings, the Assessing Officer 3 I.T.A. No.1197/Chny/23 & C.O. No.54/Chny/23 has observed that the assessee was unable to produce the details of sundry creditors. Even during the course of assessment proceedings, the assessee was not able to submit the details of sundry creditors. Since no explanation was offered ... Appellant on 06.02.2018. During the course of survey a statement was recorded from the Appellant. In the statement the Appellant while clarifying the Sundry Creditors of Rs.7,46,45,937/- (claimed in the Return of Income relevant to the A.Y. 2017-18) admitted that out of Rs.7

Rajesh Hariram Mohta, Ahmedabad vs. The ITO, Ward-6(1)(1), Ahmedabad

The appeal of the assessee is allowed

ITA 1125/AHD/2023[2017-18]Status: DisposedITAT Ahmedabad20 Mar 2024AY 2017-18

Bench: Mrs. Annapurna Gupta & Shri T.R. Senthil Kumarassessment Year : 2017-18 Vs. Rajesh Hariram Mohta, Income-Tax Officer, 45, Jay Nagar Society, Ward-6(1)(1), B/H. Sardar Patel Hospital, Ahmedabad Rambaug, Maninagar, Ahmedabad-380008 Pan : Abopm 4792 N अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Dhinal Shah & Shri Bhadresh Gandhakwala, Ars Revenue By : Shri Urjit B. Shah, Sr. Dr सुनवाई की तारीख/Date Of Hearing : 07/03/2024 घोषणा की तारीख /Date Of Pronouncement: 20/03/2024 आदेश/O R D E R Per Annapurna Guptapresent Appeal Has Been Filed By The Assessee Against Order Of The Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As "Cit(A)" For Short] Dated 03.11.2023 Passed Under Section 250 Of The Income-Tax Act, 1961 [Hereinafter Referred To As "The Act" For Short], For The Assessment Year (Ay) 2017-18. 2. The Ground Raised By The Assessee Is As Under:- “The Learned Cit(A) Has Erred In Confirming The Addition Of Rs.29,55,000/- Being Cash Deposited In The Bank Account Under Section 69A Inasmuch As The Cash Deposited Is Out Of Cash On Hand [Which Is Out Of Cash Sales & Cash Withdrawn] From The Business & That The Entire Amount Is From Explained Sources.” Rajesh Hariram Mohta Vs. Ito Ay : 2017-18 2

For Appellant: Shri Dhinal Shah &For Respondent: Shri Urjit B. Shah, Sr. DR
Section 142(1)Section 250Section 69A

filed copy of Return of Income, P&L account, Balance Sheet, Audit Report, VAT returns, Statement of Total Income, Bank Statements, Ledger of Sundry Creditors Parties & Cash-book. After stating so, the order notes that notice u/s 142(1) of the Act was issued to the assessee asking