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50 results for “reassessment u/s 147”+ Unexplained Cash Creditclear

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Key Topics

Section 143(3)38Section 6835Addition to Income34Section 153A26Section 14718Section 25015Reopening of Assessment14Section 14813Section 80l

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 50 · Page 1 of 3

10
Deduction10
Disallowance9
Unexplained Cash Credit9

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

unexplained cash credit u/s 68 of the Act and added to the total income of the assessee. Aggrieved, the assessee filed 1st appeal before the ld. CIT(A). The ld. CIT(A) 7. vide order dated 23.06.2023 allowed the appeal of the assessee. 8. Aggrieved, the Revenue filed the present appeal before the Tribunal. 9. The ld. CIT(A) observed

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

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

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

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, 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

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

147 of Income Tax Act, 1961. According to the appellant in the reasons recorded for re-opening of its case, the only reason given is that the appellant company received transport subsidy amounting to Rs.6,97,84,511/- for the period from 01.04.2005 to 31.03.2016 which according to the assessing officer escaped the assessment. No other reason was recorded

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

147 of Income Tax Act, 1961. According to the appellant in the reasons recorded for re-opening of its case, the only reason given is that the appellant company received transport subsidy amounting to Rs.6,97,84,511/- for the period from 01.04.2005 to 31.03.2016 which according to the assessing officer escaped the assessment. No other reason was recorded

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

147 of Income Tax Act, 1961. According to the appellant in the reasons recorded for re-opening of its case, the only reason given is that the appellant company received transport subsidy amounting to Rs.6,97,84,511/- for the period from 01.04.2005 to 31.03.2016 which according to the assessing officer escaped the assessment. No other reason was recorded

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

147 of Income Tax Act, 1961. According to the appellant in the reasons recorded for re-opening of its case, the only reason given is that the appellant company received transport subsidy amounting to Rs.6,97,84,511/- for the period from 01.04.2005 to 31.03.2016 which according to the assessing officer escaped the assessment. No other reason was recorded

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

147 of Income Tax Act, 1961. According to the appellant in the reasons recorded for re-opening of its case, the only reason given is that the appellant company received transport subsidy amounting to Rs.6,97,84,511/- for the period from 01.04.2005 to 31.03.2016 which according to the assessing officer escaped the assessment. No other reason was recorded

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

147 of Income Tax Act, 1961. According to the appellant in the reasons recorded for re-opening of its case, the only reason given is that the appellant company received transport subsidy amounting to Rs.6,97,84,511/- for the period from 01.04.2005 to 31.03.2016 which according to the assessing officer escaped the assessment. No other reason was recorded

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

147 of Income Tax Act, 1961. According to the appellant in the reasons recorded for re-opening of its case, the only reason given is that the appellant company received transport subsidy amounting to Rs.6,97,84,511/- for the period from 01.04.2005 to 31.03.2016 which according to the assessing officer escaped the assessment. No other reason was recorded

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

147 of Income Tax Act, 1961. According to the appellant in the reasons recorded for re-opening of its case, the only reason given is that the appellant company received transport subsidy amounting to Rs.6,97,84,511/- for the period from 01.04.2005 to 31.03.2016 which according to the assessing officer escaped the assessment. No other reason was recorded

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

147 of Income Tax Act, 1961. According to the appellant in the reasons recorded for re-opening of its case, the only reason given is that the appellant company received transport subsidy amounting to Rs.6,97,84,511/- for the period from 01.04.2005 to 31.03.2016 which according to the assessing officer escaped the assessment. No other reason was recorded

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

147 of Income Tax Act, 1961. According to the appellant in the reasons recorded for re-opening of its case, the only reason given is that the appellant company received transport subsidy amounting to Rs.6,97,84,511/- for the period from 01.04.2005 to 31.03.2016 which according to the assessing officer escaped the assessment. No other reason was recorded

LAKSHMI NARAYAN COAL AND MINES LIMITED,GUWAHATI vs. INCOME TAX OFFICER, WARD-1(3), GUWAHATI

Appeal is allowed in above terms

ITA 174/GTY/2019[2010-11]Status: DisposedITAT Guwahati21 Aug 2019AY 2010-11

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2010-11

Section 143(3)Section 147Section 148Section 69A

unexplained cash credit had been introduced in your books of accounts in the name of introduction of share capital and receipt of share application money. In absence of satisfactory identity and credit worthiness of the other parties. the entire introduced capital and share application money will be treated as your income for that year. I will therefore continue the proceedings

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

MAYURPLY INDUSTRIES PVT LTD.,HOOGHLY, WEST BENGAL vs. ACIT, CIRCLE 3, GUWAHATI, ASSAM

In the result IT(SS)A Nos

ITA 224/GTY/2024[2018-19]Status: DisposedITAT Guwahati24 Mar 2025AY 2018-19

Bench: Shri Rajesh Kumar, Am & Shri Manomohan Das, Jm

For Appellant: Shri Siddharth Agarwal, ARFor Respondent: Shri Kaushik Roy, DR
Section 132Section 143(3)Section 153ASection 253Section 253(5)

cash credit in the hands of the assessee u/s 68 of the Act and added to the total income of the assessee in the assessment framed u/s 153A of the Act read with Section 144(3) dated 30.12.2019. 05. In the appellate proceedings, the ld. CIT (A), after discussing the assessment order, came to the conclusion that the addition