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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

Income Tax Officer, Ward-1(2), Bhilai vs. Mesers Metex Engineers, Bhilai

In the result Ground No 8 of the revenue is dismissed

ITA 247/RPR/2019[2015-16]Status: DisposedITAT Raipur14 Jun 2023AY 2015-16

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं./Ita No.238/Rpr/2019 (Assessment Year: 2015-2016) M/S Metex Engineers, Vs Ito, Ward-1(2), Bhilai Shop No.10-11, Ganesh Complex, Shakti Vihar, Risali Bhilai, Durg Pan No. :Aawfm 8852 G & आयकर अपील सं./Ita No.247/Rpr/2019 (Assessment Year: 2015-2016) Ito, Ward-1(2), Bhilai Vs M/S Metex Engineers, Shop No.10-11, Ganesh Complex, Shakti Vihar, Risali Bhilai, Durg Pan No. :Aawfm 8852 G (अपीलाथ" /Appellant) (""यथ" / Respondent) .. "नधा"रती क" ओर से /Assessee By : Shri R.B.Doshi, Ca राज"व क" ओर से /Revenue By : Shri V.K.Singh, Cit-Dr सुनवाई क" तार"ख / Date Of Hearing : 24/04/2023 घोषणा क" तार"ख/Date Of Pronouncement : 14/06/2023 आदेश / O R D E R Per Arun Khodpia, Am :

For Appellant: Shri R.B.Doshi, CAFor Respondent: Shri V.K.Singh, CIT-DR
Section 68

CITDR, on this issue has submitted that the assessee was asked to file list of sundry creditors for last 3 years to examine the movement of the balances and genuineness of liability shown in its books of accounts. It was the observation of the ld. AO that ... audited Balance sheet of the assessee which is placed on Page No. 5 to 25 of the Paper Book, Confirmation of Account of the Sundry Creditors is placed on Page No. 37 to 38 of the Paper Book. 2. Details of Sundry Creditors is as under:- Sl.No. 1 Shri Atul

Mesers Metex Engineers, Bhilai vs. Income Tax Officer, Ward-1(2), Bhilai

In the result Ground No 8 of the revenue is dismissed

ITA 238/RPR/2019[2015-16]Status: DisposedITAT Raipur14 Jun 2023AY 2015-16

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं./Ita No.238/Rpr/2019 (Assessment Year: 2015-2016) M/S Metex Engineers, Vs Ito, Ward-1(2), Bhilai Shop No.10-11, Ganesh Complex, Shakti Vihar, Risali Bhilai, Durg Pan No. :Aawfm 8852 G & आयकर अपील सं./Ita No.247/Rpr/2019 (Assessment Year: 2015-2016) Ito, Ward-1(2), Bhilai Vs M/S Metex Engineers, Shop No.10-11, Ganesh Complex, Shakti Vihar, Risali Bhilai, Durg Pan No. :Aawfm 8852 G (अपीलाथ" /Appellant) (""यथ" / Respondent) .. "नधा"रती क" ओर से /Assessee By : Shri R.B.Doshi, Ca राज"व क" ओर से /Revenue By : Shri V.K.Singh, Cit-Dr सुनवाई क" तार"ख / Date Of Hearing : 24/04/2023 घोषणा क" तार"ख/Date Of Pronouncement : 14/06/2023 आदेश / O R D E R Per Arun Khodpia, Am :

For Appellant: Shri R.B.Doshi, CAFor Respondent: Shri V.K.Singh, CIT-DR
Section 68

CITDR, on this issue has submitted that the assessee was asked to file list of sundry creditors for last 3 years to examine the movement of the balances and genuineness of liability shown in its books of accounts. It was the observation of the ld. AO that ... audited Balance sheet of the assessee which is placed on Page No. 5 to 25 of the Paper Book, Confirmation of Account of the Sundry Creditors is placed on Page No. 37 to 38 of the Paper Book. 2. Details of Sundry Creditors is as under:- Sl.No. 1 Shri Atul

I.T.O. -12(1)(1), Mumbai vs. M/S Alvess Developers Pvt Ltd, Mumbai

In the result, appeal by the Revenue and Cross Objections by the assessee are dismissed

ITA 2455/MUM/2022[2014-2015]Status: DisposedITAT Mumbai24 May 2023AY 2014-2015

Bench: Shri Vikas Awasthy & Shri M. Balaganeshआअसं. 2455/मुं/ 2022 (िन.व. 2014-15) Ito-12(1)(1) Mumbai, Room No.129, Ground Floor, Aaykar Bhavan, M.K.Road, Mumbai 400 020 ...... अपीलाथ" /Appellant बनाम Vs. M/S. Alvess Developers Pvt. Ltd. Plot No.11 Jtn Of 29Th & 16Th Road, Opp Gurunanak Garden, Bandra(West),Mumbai 400 050. Pan: Aaccp-0964-F ..... ""तवाद"/Respondent C.O. No.132/Mum/2022 [Arising Out Of Ita No. 2455/Mum/2022 (A.Y.2014-15)] M/S. Alvess Developers Pvt. Ltd. Plot No.11 Jtn Of 29Th & 16Th Road, Opp Gurunanak Garden, Bandra(West),Mumbai 400 050. Pan: Aaccp-0964-F ..... Cross Objector बनाम Vs. Ito-12(1)(1) ..... ""तवाद"/Respondent Mumbai. Assessee By : Shri Prakash Jhunjhunwala Revenue By : Shri Manoj Kumar Sinha

For Appellant: Shri Prakash JhunjhunwalaFor Respondent: Shri Manoj Kumar Sinha
Section 143(3)Section 68

issue raised by the Revenue in appeal assailing the order of CIT(A) deleting addition of Rs.2,36,68,878/- made on account of sundry creditors u/s. 68 of the Income Tax Act, 1961 [in short ‘the Act’]. 3. The assessee is a builder and developer. The assessee filed ... income of Rs.4,56,911/-. In scrutiny assessment proceedings the Assessing Officer inter-alia made addition of Rs.2,36,68,878/- in respect of sundry creditors. While making aforesaid addition the Assessing Officer observed that assessee has failed to prove identity, genuineness and creditworthiness of sundry creditors. Against the assessment