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64 results for “reassessment”+ Unexplained Cash Creditclear

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Key Topics

Section 6854Addition to Income46Section 143(3)41Section 153C34Section 25028Section 153A26Section 14718Disallowance18Depreciation14Reopening of Assessment

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, GUWAHATI vs. FORTUNE VANIJYA PRIVATE LIMITED, GUWAHATI

In the result both the appeal of the Revenue and the cross objections of the assessee stands partly allowed

ITA 21/GTY/2021[2011-12]Status: DisposedITAT Guwahati10 Dec 2021AY 2011-12

Bench: Shri P.M. Jagtap, Hon’Ble V.P (Kz) & Shri A. T. Varkey, Jm]

Section 132Section 132(4)Section 142(1)Section 153ASection 153CSection 68

unexplained cash credit u/s 68 of the Act, which according to him did not constitute income represented in the form of ‘asset’ escaping assessment, in terms of fourth proviso to Section 153A of the Act. Further according to Shri Dudhwewala, cash credits were not in the nature of ‘asset’ as defined in Explanation 2 to the fourth proviso to Section

Showing 1–20 of 64 · Page 1 of 4

14
Section 14813
Section 80l10

DCIT, CENTRAL CIRCLE-1, GUWAHATI, GUWAHATI vs. BRAHMAPUTRA FINLEASE PRIVATE LIMITED, NEW DELHI

In the result, appeal filed by the revenue is dismissed and the cross- objection filed by the Assessee is Partly Allowed

ITA 110/GTY/2023[2018-19]Status: DisposedITAT Guwahati28 Jan 2025AY 2018-19

Bench: Shri Manomohan Das, Hon’Ble & Shri Rakesh Mishra, Hon’Ble

For Appellant: Shri Vivek Malhotra, FCAFor Respondent: Soumendu Sekhar Das, JCIT
Section 132Section 143(2)Section 153CSection 250Section 68

reassessment of income of an assessee is not possible in absence of any incriminating material found during search under section 132 or requisition made under section 132A of the Act in unabated assessment. 22. The ld. AO made addition of Rs. 3,62,00,000/- on unexplained cash credit

AMPLEX PROJECTS PRIVATE LIMITED,AGARTALA vs. DCIT/ACIT, CIRCLE SILCHAR, SILCHAR

In the result, appeal of the assessee is allowed in above terms

ITA 333/GTY/2025[2013-14]Status: DisposedITAT Guwahati19 Jan 2026AY 2013-14

Bench: the Ld. CIT(A).

For Respondent: Shri Santosh Kumar Karnani, Addl. CIT
Section 1Section 139(1)Section 143(3)Section 153ASection 245DSection 245D(4)Section 250

unexplained cash credit u/s 68 of the Act. Subsequently, proceeding w/s.153A of the Act was initiated against the assessee and notices 153A of the Act were issued and served on the assessee for the AYs 2010-11 to 2015-16. Copies enclosed at pg 1-6 of the Additional P/b. At the juncture, would be of relevance to quote secund

SAROJ DEVI SAND,SILCHAR vs. INCOEM TAX OFFICER, WARD-3, SILCHAR

In the result, both the appeals filed by the assessees in ITA

ITA 51/GTY/2020[2015-16]Status: DisposedITAT Guwahati23 Dec 2022AY 2015-16

Bench: Sri Rajpal Yadav(Kz) & Dr. Manish Borad

Section 143(3)Section 250Section 68

credits u/s 68 of the Act. 9. That the Authorities erred in treating the capital gains declared by the assessee from transfer of shares of M/s.Pine Animations Ltd & shares of M/s. Jackson Investments Ltd of Rs. 50,40,340/- u/s 68 of the IT Act. 10. That the Authorities erred in resorting to section 68 of the Act. 11. That

INDER CHAND SAND,SILCHAR vs. INCOME TAX OFFICER, WARD-2, SILCHAR

In the result, both the appeals filed by the assessees in ITA

ITA 49/GTY/2020[2015-16]Status: DisposedITAT Guwahati23 Dec 2022AY 2015-16

Bench: Sri Rajpal Yadav(Kz) & Dr. Manish Borad

Section 143(3)Section 250Section 68

credits u/s 68 of the Act. 9. That the Authorities erred in treating the capital gains declared by the assessee from transfer of shares of M/s.Pine Animations Ltd & shares of M/s. Jackson Investments Ltd of Rs. 50,40,340/- u/s 68 of the IT Act. 10. That the Authorities erred in resorting to section 68 of the Act. 11. That

MANOJ ANAND,GUWAHATI vs. ITO W-2(2) GHY, GUWAHATI

In the result, the appeal of the assessee is allowed

ITA 273/GTY/2024[2018-19]Status: DisposedITAT Guwahati02 Dec 2025AY 2018-19

Bench: Shri Rajesh Kumar, Am & Shri Manomohan Das, Jm Manoj Anand Ito W-2(2), Ghy Flat 4D, Garima Grand, Aaykar Bhawan, Christian Basti, Departmental Representative B. G.S. Road, Guwahati-781005, Vs. Baruah Road, Guwahati-781007, Assam Assam (Appellant) (Respondent) Pan No. Agbpa9883C

For Appellant: Shri Miraj D Shah, ARFor Respondent: Shri Sanjay Jha, DR
Section 144BSection 147Section 148Section 68

unexplained cash credit/ bogus credit and added to the income of the assessee u/s 68 of the Act in the assessment framed u/s 147 read with section 144B of the Act dated 25.03.2023. 3.2. In the appellate proceedings, the ld. CIT (A) also confirmed the order of the ld. AO by dismissing the appeal of the assessee by observing

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 3, GUWAHATI vs. M/S. SMS SMELTERS LIMITED, NAHARLAGUN

Appeals are allowed in view of our foregoing detailed discussions

ITA 77/GTY/2017[2013-14]Status: DisposedITAT Guwahati06 Sept 2019AY 2013-14

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 147Section 68Section 80l

cash credits. We accordingly confirm the CIT(A)’s action deleting the impugned unexplained share application money of Rs.1,02,50,000/-. The Revenue’s instant first appeal ITA No.91/Gau/2017 is dismissed. 7. Next comes Revenue’s appeal ITA No.69/Gau/2017 for assessment year 2007-08. The CIT(A)’s order under challenge has deleted share capitals share premium and share

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 3, GUWAHATI vs. M/S. SMS SMELTERS LIMITED, NAHARLAGUN

Appeals are allowed in view of our foregoing detailed discussions

ITA 76/GTY/2017[2012-13]Status: DisposedITAT Guwahati06 Sept 2019AY 2012-13

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 147Section 68Section 80l

cash credits. We accordingly confirm the CIT(A)’s action deleting the impugned unexplained share application money of Rs.1,02,50,000/-. The Revenue’s instant first appeal ITA No.91/Gau/2017 is dismissed. 7. Next comes Revenue’s appeal ITA No.69/Gau/2017 for assessment year 2007-08. The CIT(A)’s order under challenge has deleted share capitals share premium and share

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 3, GUWAHATI vs. M/S. SMS SMELTERS LIMITED, NAHARLAGUN

Appeals are allowed in view of our foregoing detailed discussions

ITA 91/GTY/2017[2006-07]Status: DisposedITAT Guwahati06 Sept 2019AY 2006-07

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 147Section 68Section 80l

cash credits. We accordingly confirm the CIT(A)’s action deleting the impugned unexplained share application money of Rs.1,02,50,000/-. The Revenue’s instant first appeal ITA No.91/Gau/2017 is dismissed. 7. Next comes Revenue’s appeal ITA No.69/Gau/2017 for assessment year 2007-08. The CIT(A)’s order under challenge has deleted share capitals share premium and share

M/S. SMS SMELTERS LIMITED,NAHARLAGUN vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 3, GUWAHATI

Appeals are allowed in view of our foregoing detailed discussions

ITA 94/GTY/2017[2010-11]Status: DisposedITAT Guwahati06 Sept 2019AY 2010-11

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 147Section 68Section 80l

cash credits. We accordingly confirm the CIT(A)’s action deleting the impugned unexplained share application money of Rs.1,02,50,000/-. The Revenue’s instant first appeal ITA No.91/Gau/2017 is dismissed. 7. Next comes Revenue’s appeal ITA No.69/Gau/2017 for assessment year 2007-08. The CIT(A)’s order under challenge has deleted share capitals share premium and share

M/S. SMS SMELTERS LIMITED,NAHARLAGUN vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 3, GUWAHATI

Appeals are allowed in view of our foregoing detailed discussions

ITA 95/GTY/2017[2012-13]Status: DisposedITAT Guwahati06 Sept 2019AY 2012-13

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 147Section 68Section 80l

cash credits. We accordingly confirm the CIT(A)’s action deleting the impugned unexplained share application money of Rs.1,02,50,000/-. The Revenue’s instant first appeal ITA No.91/Gau/2017 is dismissed. 7. Next comes Revenue’s appeal ITA No.69/Gau/2017 for assessment year 2007-08. The CIT(A)’s order under challenge has deleted share capitals share premium and share

JUD CEMENT LIMITED,SHILLONG vs. ASSISTANT COMMISSIONER OF INCOME, CIRCLE - SHILLONG , SHILLONG

Appeals are allowed in view of our foregoing detailed discussions

ITA 39/GTY/2017[2006-07]Status: DisposedITAT Guwahati06 Sept 2019AY 2006-07

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 147Section 68Section 80l

cash credits. We accordingly confirm the CIT(A)’s action deleting the impugned unexplained share application money of Rs.1,02,50,000/-. The Revenue’s instant first appeal ITA No.91/Gau/2017 is dismissed. 7. Next comes Revenue’s appeal ITA No.69/Gau/2017 for assessment year 2007-08. The CIT(A)’s order under challenge has deleted share capitals share premium and share

M/S. SMS SMELTERS LIMITED,NAHARLAGUN vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 3, GUWAHATI

Appeals are allowed in view of our foregoing detailed discussions

ITA 93/GTY/2017[2009-10]Status: DisposedITAT Guwahati06 Sept 2019AY 2009-10

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 147Section 68Section 80l

cash credits. We accordingly confirm the CIT(A)’s action deleting the impugned unexplained share application money of Rs.1,02,50,000/-. The Revenue’s instant first appeal ITA No.91/Gau/2017 is dismissed. 7. Next comes Revenue’s appeal ITA No.69/Gau/2017 for assessment year 2007-08. The CIT(A)’s order under challenge has deleted share capitals share premium and share

M/S. SMS SMELTERS LIMITED,NAHARLAGUN vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 3, GUWAHATI

Appeals are allowed in view of our foregoing detailed discussions

ITA 96/GTY/2017[2013-14]Status: DisposedITAT Guwahati06 Sept 2019AY 2013-14

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 147Section 68Section 80l

cash credits. We accordingly confirm the CIT(A)’s action deleting the impugned unexplained share application money of Rs.1,02,50,000/-. The Revenue’s instant first appeal ITA No.91/Gau/2017 is dismissed. 7. Next comes Revenue’s appeal ITA No.69/Gau/2017 for assessment year 2007-08. The CIT(A)’s order under challenge has deleted share capitals share premium and share

JUD CEMENT LIMITED,SHILLONG vs. ASSISTANT COMMISSIONER OF INCOME, CIRCLE - SHILLONG , SHILLONG

Appeals are allowed in view of our foregoing detailed discussions

ITA 40/GTY/2017[2008-09]Status: DisposedITAT Guwahati06 Sept 2019AY 2008-09

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 147Section 68Section 80l

cash credits. We accordingly confirm the CIT(A)’s action deleting the impugned unexplained share application money of Rs.1,02,50,000/-. The Revenue’s instant first appeal ITA No.91/Gau/2017 is dismissed. 7. Next comes Revenue’s appeal ITA No.69/Gau/2017 for assessment year 2007-08. The CIT(A)’s order under challenge has deleted share capitals share premium and share

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 3, GUWAHATI vs. M/S. SMS SMELTERS LIMITED, NAHARLAGUN

Appeals are allowed in view of our foregoing detailed discussions

ITA 69/GTY/2017[2007-08]Status: DisposedITAT Guwahati06 Sept 2019AY 2007-08

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 147Section 68Section 80l

cash credits. We accordingly confirm the CIT(A)’s action deleting the impugned unexplained share application money of Rs.1,02,50,000/-. The Revenue’s instant first appeal ITA No.91/Gau/2017 is dismissed. 7. Next comes Revenue’s appeal ITA No.69/Gau/2017 for assessment year 2007-08. The CIT(A)’s order under challenge has deleted share capitals share premium and share

ASSAM VALLEY FINANCE AND INVESTMENT PVT LTD,GUWAHATI vs. D.C.I.T., CIRCLE 1, GUWAHATI

In the result, the appeal of the assessee is allowed

ITA 75/GTY/2025[2016-17]Status: DisposedITAT Guwahati18 Dec 2025AY 2016-17

Bench: Shri Rajesh Kumar, Am & Shri Manomohan Das, Jm Assam Valley Finance & Dcit, Circle 1 Investment Pvt. Ltd. Aayakar Bhawan, Christian Basti, House No.1, Niligiri Path, G.S Road, Guwahati-781005, Vs. Zoo Road, Guwahati-781024 Assam (Appellant) (Respondent) Pan No. Aabca6974B Assessee By : Shri Miraj D Shah, Ar Revenue By : Shri Santosh Kumar Karnani, Dr Date Of Hearing: 12.11.2025 Date Of Pronouncement: 18.12.2025 O R D E R Per Rajesh Kumar, Am:

For Appellant: Shri Miraj D Shah, ARFor Respondent: Shri Santosh Kumar Karnani
Section 142(1)Section 143(2)Section 144BSection 147Section 148Section 151Section 151ASection 68

unexplained cash credit u/s 68 of the Act. The addition on this count also cannot be sustained. We therefore, inclined to quash the assessment framed by NFAC, Delhi on the ground of lack of jurisdiction. The ground nos.12 and 13 are allowed. 2.6. So far as the re-opening of assessment is concerned, we observe that the same is made

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, GUWAHATI vs. M/S. PAWAN CEMENT COMPANY PRIVATE LIMITED, GUWAHATI

In the result, both the appeals filed by the Revenue for AY

ITA 73/GTY/2020[2013-14]Status: DisposedITAT Guwahati03 Mar 2023AY 2013-14

Bench: Sri Rajpal Yadav(Kz) & Dr. Manish Borad

Section 132Section 139(1)Section 143(2)Section 153ASection 250Section 68

unexplained cash credit u/s 68 of the Act. 5. When the matter travelled before ld. CIT(A) he on observing that the addition made by ld. AO is only on the basis of the statement given during the course of search on 31.08.2016 which stands retracted by the assessee by filing an affidavit on 05.09.2016 and there being no incriminating

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, GUWAHATI vs. M/S. PAWAN CEMENT COMPANY PRIVATE LIMITED, GUWAHATI

In the result, both the appeals filed by the Revenue for AY

ITA 72/GTY/2020[2011-12]Status: DisposedITAT Guwahati03 Mar 2023AY 2011-12

Bench: Sri Rajpal Yadav(Kz) & Dr. Manish Borad

Section 132Section 139(1)Section 143(2)Section 153ASection 250Section 68

unexplained cash credit u/s 68 of the Act. 5. When the matter travelled before ld. CIT(A) he on observing that the addition made by ld. AO is only on the basis of the statement given during the course of search on 31.08.2016 which stands retracted by the assessee by filing an affidavit on 05.09.2016 and there being no incriminating

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, DIBRUGARH, DIBRUGARH vs. SANTOSH BAMALWA, DIBRUGARH

In the result, appeal of the revenue is dismissed and the cross- objection filed by the assessee is allowed

ITA 104/GTY/2023[2012-13]Status: HeardITAT Guwahati13 Dec 2023AY 2012-13

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 104/Gty/2023 Assessment Year: 2012-13 Assistant Commissioner Of Income Smt. Santosh Bamalwa Tax, Circle-1, Dibrugarh Vs Ground Floor Mahalaya Road C/O A.K. Varma Dibrugarh - 786001 [Pan: Aedpb9900P] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) C.O. No. 34/Gty/2023 Assessment Year: 2012-13 Smt. Santosh Bamalwa Assistant Commissioner Of Income Tax, Circle-1, Dibrugarh Vs Ground Floor Mahalaya Road C/O A.K. Varma Dibrugarh - 786001 [Pan: Aedpb9900P] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri S.K. Tulsiyan, Advocate Revenue By : Shri Arun Bhowmick, Jcit, D/R सुनवाई क" तारीख/Date Of Hearing : 01/11/2023 घोषणा क" तारीख /Date Of Pronouncement: 13/12/2023 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Filed By The Revenue & The Cross-Objection Filed By The Assessee Are Directed Against The Order Of The Learned Commissioner Of Income Tax (Appeals), Central, North-East Region, Guwahati (Hereinafter The “Ld. Cit(A)”) Dt. 14/07/2023, Passed U/S

For Appellant: Shri S.K. Tulsiyan, AdvocateFor Respondent: Shri Arun Bhowmick, JCIT, D/R
Section 132Section 143(2)Section 153ASection 68

unexplained cash credit. In appeal before the ld. CIT(A), assessee got relief on the ground that no incriminating material were found during the course of search pertaining to the alleged transaction giving rise to alleged long term capital gain and since the year under consideration is Assessment Year 2012-13 and the time limit to select the case