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“trade creditors”

Cash Credits & Unexplained ItemsSection 68Section 68238 judgments

The decision most relied on for trade creditors is Orient Trading Co. Ltd. v. CIT (49 ITR 723), cited in 123 judgments on BharatTax.

Leading authorities on trade creditors

Orient Trading Co. Ltd. v. CIT
49 ITR 723 · 1963 · High Court
123
citing judgments

When a cash credit is found, the assessee discharges the initial burden by proving the identity of the creditor and the genuineness of the transaction, shifting the burden to the Revenue. The assessee is not required to prove the source of the creditor's funds (source of source).

CIT v. Korlay Trading Co. Ltd.
232 ITR 820 · 1998 · High Court
122
citing judgments

To discharge the onus under Section 68, an assessee must establish the identity of the creditor, the genuineness of the transaction, and the creditworthiness of the creditor. Merely providing basic documentary evidence or a file number is insufficient; each credit entry requires a separate, detailed explanation.

CIT v. Gotan Lime Khaniz Udyog
256 ITR 243 · 2002 · High Court
89
citing judgments

The mere rejection of an assessee's books of account under Section 145(3) does not automatically warrant an addition to the returned income. The Assessing Officer must consider the books alongside historical data and other collected material after confronting the taxpayer.

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.

Aravali Trading Co. v. ITO
8 DTR 199 · 2008 · High Court
71
citing judgments

An assessee discharges their onus under Section 68 for cash credits by proving the identity of the creditor, the genuineness of the transaction, and the creditor's creditworthiness. The assessee is not required to prove the source of the creditor's funds ('source of source'), unless evidence suggests the money originated from the assessee itself.

552 (SC) Zaveri Diamonds v. CIT 11-12 3
118 Taxmann.com 166 · 2020 · High Court
62
citing judgments

The court considers the evidentiary value of unaudited books and loose papers when assessing income, particularly concerning trade creditors and their verification.

Chief CIT v. Kesaria Tea Company Limited
254 ITR 434 · 2002 · Supreme Court
59
citing judgments

For Section 41(1) of the Income Tax Act to apply, the mere expiry of the limitation period does not constitute cessation of liability; there must be an explicit act by the creditor, such as a release or admission of write-off, confirming that the liability has ceased without the possibility of revival.

Hindustan Tea Trading Co. Ltd. v. CIT
263 ITR 289 · 2003 · High Court
55
citing judgments

Under Section 68, the assessee discharges the initial onus by producing sufficient material and explanation for cash credits. Once material is provided, the Assessing Officer must conduct a proper and thorough inquiry into it, as a half-hearted inquiry or overlooking materials is impermissible.

Judgments citing trade creditors

Deputy Commisioner of Income Tax, Chennai vs. Anbu Infratech Private Ltd, Karichipalayam

ITA 1128/CHNY/2024[2018-19]Status: DisposedITAT Chennai06 Nov 2024AY 2018-19

Bench: Shri Mahavir Singh, Vice- & Shri Manoj Kumar Aggarwalआयकर अपीलसं./I.T.A.No.1128/Chny/2024 (निर्धारणवर्ष / Assessment Year: 2018-19) The Deputy Commissioner Of Vs Anbu Infratech Pvt. Ltd., Income Tax, 3/74, Pappampalayam, Central Circle-2(1), Nallipalayam, Chennai. Karichipalayam – 637 201. (अपीलार्थी/Appellant) Pan:Aajca-6772-H (प्रत्यर्थी/Respondent) अपीलार्थीकीओरसे / Appellant By : Mr. R.Clement Ramesh Kumar, Cit प्रत्यर्थीकी ओरसे/Respondent By : Mr. M.V.Prasad, Fca & Mr.Rajendra Kumar, Irs (Retd) सुनवाईकीतारीख/Date Of Hearing : 28.08.2024 घोषणाकीतारीख / Date Of Pronouncement : 06. 11.2024 आदेश / Order Per Mahavir Singh, Vp: This Appeal By The Revenue Is Arising Out Of The Order Of The Commissioner Of Income Tax (Appeals), Chennai In Order No.Itba/Apl/S/250/2023-24/1061245710(1) Dated 21.02.2024. The Assessment Was Framed By The Deputy Commissioner Of Income Tax, Central Circle 2(1), Chennai For The Assessment Year 2018-19 U/S.153C Of The Income Tax Act, 1961 (Hereinafter The 'Act') Vide Order Dated 28.09.2021. 2.

For Appellant: Mr. R.Clement Ramesh KumarFor Respondent: Mr. M.V.Prasad, FCA &
Section 153CSection 69C

added to the returned income of the assessee as the same has been settled outside books of account and this trade creditor is fictitious introduced under various names. The assessee has furnished various details and the assessee informed that outstanding balance of Shri Paranthaman was still standing in their books

ACIT-8(2)(1), Mumbai vs. Owens Corning India Pvt. Ltd, Mumbai

In the result, the appeal filed by the assessee is treated as allowed and the appeal of the revenue is dismissed

ITA 3996/MUM/2023[2017-18]Status: DisposedITAT Mumbai25 Jun 2024AY 2017-18

Bench: Shri B.R. Baskaran & Shri Sunil Kumar Singhassessment Year : 2017-18 Ownes-Corning (India) Private Limited, Alpha Building, 7Th Floor, Hiranandani Complex, Powai, Mumbai – 400 076. Pan: Aaaco-1739-M - Appellant Vs. Deputy Commissioner Of Income-Tax 7(3)(1), Aaykar Bhavan, Mk Road, Mumbai – 400 020 - Respondent Assessment Year : 2017-18 Asst. Commissioner Of Income-Tax 8(2)(1), Room No.481, 4Th Floor, Aaykar Bhavan, Mk Road Mumbai – 400 020 - Appellant Vs. Ownes-Corning (India) Private Limited, Alpha Building, 7Th Floor, Hiranandani Complex, Powai, Mumbai – 400 076. Pan: Aaaco-1739-M - Respondent Assessee By : Shri Sandeep Bhalla Revenue By : Shri H.M.Bhatt Date Of Hearing : 19/06/2024 Date Of Pronouncement : 25/06/2024

For Appellant: Shri Sandeep BhallaFor Respondent: Shri H.M.Bhatt
Section 158(1)Section 68

proceedings relating to Asst. Year 2016-17, the AO had issued notices u/s 133(6) of the Act to certain trade creditors, but they did not respond. The AO asked the assessee to produce them on or before 18-12-2019, but the assessee did not produce the parties. Based ... remain that the assessing officer did not issue any notices to them in this year not did he ask the assessee to produce the trade creditors in this year. Further, he submitted that the trade creditors could not be assessed u/s 68 of the Act, since the assessing officer

Owens-Corning (India) Private Limited, Mumbai vs. Deputy Commissioner of Income Tax 7(3)(1), Mumbai

In the result, the appeal filed by the assessee is treated as allowed and the appeal of the revenue is dismissed

ITA 3560/MUM/2023[2017-18]Status: DisposedITAT Mumbai25 Jun 2024AY 2017-18

Bench: Shri B.R. Baskaran & Shri Sunil Kumar Singhassessment Year : 2017-18 Ownes-Corning (India) Private Limited, Alpha Building, 7Th Floor, Hiranandani Complex, Powai, Mumbai – 400 076. Pan: Aaaco-1739-M - Appellant Vs. Deputy Commissioner Of Income-Tax 7(3)(1), Aaykar Bhavan, Mk Road, Mumbai – 400 020 - Respondent Assessment Year : 2017-18 Asst. Commissioner Of Income-Tax 8(2)(1), Room No.481, 4Th Floor, Aaykar Bhavan, Mk Road Mumbai – 400 020 - Appellant Vs. Ownes-Corning (India) Private Limited, Alpha Building, 7Th Floor, Hiranandani Complex, Powai, Mumbai – 400 076. Pan: Aaaco-1739-M - Respondent Assessee By : Shri Sandeep Bhalla Revenue By : Shri H.M.Bhatt Date Of Hearing : 19/06/2024 Date Of Pronouncement : 25/06/2024

For Appellant: Shri Sandeep BhallaFor Respondent: Shri H.M.Bhatt
Section 158(1)Section 68

proceedings relating to Asst. Year 2016-17, the AO had issued notices u/s 133(6) of the Act to certain trade creditors, but they did not respond. The AO asked the assessee to produce them on or before 18-12-2019, but the assessee did not produce the parties. Based ... remain that the assessing officer did not issue any notices to them in this year not did he ask the assessee to produce the trade creditors in this year. Further, he submitted that the trade creditors could not be assessed u/s 68 of the Act, since the assessing officer