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of <h1>ITAT deletes additions under sections 68 and 41(1) for unexplained cash credits without proof of liability cessation</h1> <h3>Late Sh. Mahender Kumar Mittal Through L/H Smt. Shashi Mittal (Wife) Versus Income Tax Officer Ward-30 (1) New Delhi</h3> Late Sh. Mahender Kumar Mittal Through L/H Smt. Shashi Mittal (Wife) Versus Income Tax Officer Ward-30 (1) New Delhi - TMI Issues Involved:1. Sustaining addition of Rs. 1,34,97,009/- u/s 68 of the Act for certain creditors.2. Sustaining addition of Rs. 35,54,572/- for two sundry creditors.3. Addition of Rs. 20,00,000/- as unexplained receipt from debtor National Enterprises.Summary of Judgment:Issue 1: Sustaining addition of Rs. 1,34,97,009/- u/s 68 of the Act for certain creditorsThe Assessee's balance sheet showed outstanding sundry creditors at Rs. 1,70,51,581/-. The AO issued notices u/s 133(6) of the Act to verify the creditors, which returned un-served. The Assessee failed to produce the creditors or their confirmations, leading the AO to treat these credits as unexplained u/s 68 of the Act and added Rs. 1,68,38,416/- to the income. On appeal, the CIT(A) observed the actual amount outstanding was Rs. 1,34,97,009/- and invoked section 41(1) of the Act instead of section 68, sustaining the addition. The Tribunal found merit in the Assessee's arguments, noting that the purchases were accepted by the department and payments were made in subsequent years. The Tribunal deleted the additions for S.K. Enterprises, Amitabh Enterprises, Shiv Shakti Card, Renuka Enterprises, and Sikka Paper Pvt. Ltd., concluding there was no cessation of liability.Issue 2: Sustaining addition of Rs. 35,54,572/- for two sundry creditorsThe Assessee contested the addition of Rs. 33,41,957/- for Cardline Products and Rs. 2,12,615/- for Heera Lal & Sons. At the hearing, the Assessee clarified that the ground was wrongly drafted and pressed only for Cardline Products. The Tribunal noted that the complete payment for Cardline Products was made in the subsequent year and accepted by the department. Hence, the Tribunal deleted the addition of Rs. 33,41,957/-.Issue 3: Addition of Rs. 20,00,000/- as unexplained receipt from debtor National EnterprisesThe Assessee did not press this ground, and thus, it was dismissed.Conclusion: The appeal filed by the Assessee is partly allowed. The additions u/s 68 and 41(1) for the creditors were deleted, while the ground regarding the unexplained receipt was dismissed.Order Pronounced in the Open Court on 29th April, 2024.
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