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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

Fancy Diamonds India Pvt Ltd., Mumbai vs. N F Ass C / DCIT-5(1)(1) (Current Juridiction), Mumbai

In the result, impugned order is set-aside and appeal by the assessee is allowed

ITA 728/MUM/2023[2017-18]Status: DisposedITAT Mumbai25 May 2023AY 2017-18

Bench: Shri Pavan Kumar Gadale & Ms. Padmavathy Sfancy Diamonds India Nfassc/Dcit-5(1)(1), Pvt.Ltd., 52, Sidhpura Aayakar Bhavan, बनाम/ Industrial Estate, 2Nd M.K.Road, Vs. Floor, Gaik Wadi, Mumbai-400020. S V Road, Goregaon, Mumbai-400062. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacf3325J (""थ" / Respondent) (अपीलाथ" /Appellant) अपीलाथ" ओर से / Appellant By : Shri Himanshu Gandhi.Ar ""थ" की ओर से/Respondent By : Smt.Vranda U Matkarni.Dr सुनवाई की तारीख / Date Of Hearing 23/05/2023 घोषणा की तारीख /Date Of Pronouncement 25/05/2023 आदेश / Order Per Pavan Kumar Gadale - Jm: The Assessee Has Filed An Appeal Against The Order Of Commissioner Of Income-Tax (Appeals)-National Faceless Appeal Centre, Delhi [“Ld. Cit(A)”] Passed Under Section 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year (“Ay”) 2017-18. The Assessee Has Raised The Following Grounds Of Appeal:- 1. "On The Facts & Circumstances Of The Case & Law, The Ld.Cit Erred In Confirming Levy Of Penalty Of Rs.10,000/- Under Section 272A(1)(D) Of Income Tax Act, 1961. 2 Fancy Diamonds India Pvt.Ltd.

For Appellant: Shri Himanshu Gandhi.ARFor Respondent: Smt.Vranda U Matkarni.DR
Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 250Section 271A(1)(d)Section 272A(1)(d)Section 41(1)

issued notice u/s 142(1) dated 05.12.2019 to substantiate with the details of trade payables outstanding and ledger extracts of the trade creditors and documentary evidence on continuation of the trade activities and invoking provisions U/sec41(1) of the Act. And in compliance, the assessee has filed the submissions ... Further the A.O has issued notices U/sec133(6) of the Act on the trade creditors, and there was no response. Finally the A.O. has issued show cause notice and the assessee has filed additional details 3 Fancy Diamonds India Pvt.Ltd. substantiating the balances of trade creditors. whereas

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

Jhunjhunwala appearing on behalf of the assessee submits that the books of the assessee are audited and were furnished before the Assessing Officer. The trade creditors are duly reflected in the books of the assessee. The only document that was filed during first appellate proceedings was registered agreement in respect ... sale deed. The copy of the registered agreement was filed to supplement the audited account which were already furnished to the Assessing Officer. The trade creditors are duly reflected in the books of account. The ld. Authorized Representative for the assessee prayed for dismissing the appeal of Revenue

Mumtaz Dilawar Gani, Bharuch vs. The ITO, Ward-1, Bharuch

Appeal is allowed

ITA 1443/AHD/2017[2012-13]Status: DisposedITAT Surat23 May 2023AY 2012-13

Bench: Shri Pawan Singh, Jm &Dr. A.L.Saini, Am आयकर अपील सं/.Ita Nos.1442 & 1443/Ahd/2017 (िनधा"रणवष" / Assessment Years: (2011-12 & 2012-13) (Physical Court Hearing) Mumtaz Dilawar Gani Income Tax Officer, 6, White House, Near Railway Ward-1, Bharuch Vs. Crossing, Dahej Byepass Road, Income Tax Officer, Ward-1(2), Bharuch-392001 Bharuch "थायीलेखासं /.जीआइआरसं /.Pan/Gir No.: Adcpg 1175 D (अपीलाथ" /Assessee ) (""थ" /Respondent) "नधा"रती क" ओर से /Assessee By : Shri Krutarth Desai, Advocate & Ms. Disha Kharod, C.A राज"व क" ओर से /Respondent By : Shri Vinod Kumar, Sr-.Dr सुनवाईकीतारीख / Date Of Hearing : 31/03/2023 घोषणाकीतारीख /Date Of Pronouncement : 23/05/2023

For Appellant: Shri Krutarth Desai, Advocate &For Respondent: Shri Vinod Kumar, Sr-.DR
Section 142(1)Section 143(3)Section 145(3)

about the creditworthiness of the persons who supplied the materials. It is also submitted that even such was not necessary in the matter of trade creditors which may be necessary in the matter of cash deposit. 5. In the alternative, it has been submitted that once the assessing officer ... account of assessee had been rejected by assessing authority, same books of account could not be relied upon in an addition on account of trade creditors and also for arriving at closing stock. The findings of the Hon`ble Court are reproduced below: “12. In the light of the above

Mumtaz Dilawar Gani, Bharuch vs. The ITO, Ward-1, Bharuch

Appeal is allowed

ITA 1442/AHD/2017[2011-12]Status: DisposedITAT Surat23 May 2023AY 2011-12

Bench: Shri Pawan Singh, Jm &Dr. A.L.Saini, Am आयकर अपील सं/.Ita Nos.1442 & 1443/Ahd/2017 (िनधा"रणवष" / Assessment Years: (2011-12 & 2012-13) (Physical Court Hearing) Mumtaz Dilawar Gani Income Tax Officer, 6, White House, Near Railway Ward-1, Bharuch Vs. Crossing, Dahej Byepass Road, Income Tax Officer, Ward-1(2), Bharuch-392001 Bharuch "थायीलेखासं /.जीआइआरसं /.Pan/Gir No.: Adcpg 1175 D (अपीलाथ" /Assessee ) (""थ" /Respondent) "नधा"रती क" ओर से /Assessee By : Shri Krutarth Desai, Advocate & Ms. Disha Kharod, C.A राज"व क" ओर से /Respondent By : Shri Vinod Kumar, Sr-.Dr सुनवाईकीतारीख / Date Of Hearing : 31/03/2023 घोषणाकीतारीख /Date Of Pronouncement : 23/05/2023

For Appellant: Shri Krutarth Desai, Advocate &For Respondent: Shri Vinod Kumar, Sr-.DR
Section 142(1)Section 143(3)Section 145(3)

about the creditworthiness of the persons who supplied the materials. It is also submitted that even such was not necessary in the matter of trade creditors which may be necessary in the matter of cash deposit. 5. In the alternative, it has been submitted that once the assessing officer ... account of assessee had been rejected by assessing authority, same books of account could not be relied upon in an addition on account of trade creditors and also for arriving at closing stock. The findings of the Hon`ble Court are reproduced below: “12. In the light of the above