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Tax Publishers
Unexplained creditors of erstwhile years
whether income?
Facts:
Assessee
was carrying substantial creditors in their books. AO made addition of these
based on noticing differences arising out of confirmation of balances. On facts
CIT(A) found that the invoices of these creditors have no correlation to the
business of the assessee nor did the assessee could adduce further facts to
establish their genuineness thus sustained the additions. On appeal by the
assessee -
Held
against the assessee that since the genuineness of the creditors could not
be proved they get added under section 41(1) as profits subject to tax.
Applied:
Commissioner of Income Tax v. T.V. Sundaram Iyengar &
Sons Ltd. (1996) 222 ITR 344 (SC) : 1996 TaxPub(DT) 1245 (SC)
Case: Pradeep Sawhney v. ITO 2023 TaxPub(DT) 2547 (Del-Trib)
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