Income Tax

Telescoping of surrendered income against bogus sundry creditors appearing in books was wrong – ITAT

Allowing telescoping of surrendered income against bogus sundry creditors appearing in the books of accounts was wrong – ITAT

ABCAUS Case Law Citation:
ABCAUS 2966 (2019) (05) ITAT

The instant appeal was filed by the Revenue against the order of the Commissioner of Income Tax (Appeals) in allowing telescoping and directing the AO to delete the addition or unexplained Gold/Diamond jewellery.

The respondent- assessee was an individual. There was search and seizure operation in the case of a group of companies, assessee was one of the director of the said companies.

The search and seizure operation was taken place even in the residential premises of the assessee. During the course of search and seizure operation following incriminating materials were found:

(i) Physical cash

(ii) jewellery

(iii) Silver articles

(iv) list of loan creditors   

Based on these incriminating materials assessment was completed by the Assessing Officer (AO) u/s 143(3) of the Income Tax Act, 1961 (’the Act) after making additions on account of  

(i) Unexplained cash u/s 69A

(ii) Unexplained value of jewellery & silver articles u/s 69A and

(iv) Unexplained income from unidentifiable sundry creditors.

Being aggrieved by the above additions, assessee preferred appeal before CIT(A), who vide impugned order allowed the appeal by directing the Assessing Officer to delete the additions on account of cash and jewellery  found giving him benefit of telescoping addition against the undisclosed income in respect of sundry creditors.

The Tribunal observed that the assessee had surrendered income against unproved sundry creditors appearing in the books of accounts. Therefore Commissioner of Income Tax (Appeals) had fell in error in granting benefit of telescoping surrender of undisclosed income against addition on account of explained cash, jewellery and silver articles.

The Tribunal held that the order of the ld. Commissioner of Income Tax (Appeals) was not based on the proper appreciation of evidences.

Therefore the Tribunal reversed the order of the Commissioner of Income Tax (Appeals) and restored the assessment order.

Download Full Judgment Click Here >>

Share

Recent Posts

  • Income Tax

ITAT allows remuneration paid by wives of CA partners for their services rendered in firm

Remuneration paid by CA firm to wives of CA partners for their services rendered allowed in the absence of any…

57 minutes ago
  • Income Tax

When assessee did not opt yes or no to receive notices by email, such notices were no service

When assessee did not opt yes or no to receive notices by email, such notices amounted to no service In…

3 hours ago
  • Income Tax

CIT(A) should have considered detailed statement of facts before dismissing appeal

CIT(A) should have considered the details statement of facts filed before him before dismissing the appeal of the assessee observing…

4 hours ago
  • ICSI

Empanelment of General Observers for ICSI Examinations June 2026. Last date 28.04.2026

Empanelment of General Observers for ICSI Examinations June 2026 ICSI has invited interested members to enroll as General Observers for…

1 day ago
  • CA CS CMA

Engagement of Young Professionals CA for assistance in ITAT representation

Income Tax Department Pune is engaging Young Professionals CA for assistance in ITAT representation With a view to augment departmental…

2 days ago
  • Concurrent Audit

IDBI online application for empanelment of Concurrent Auditor. Last date : 27.04.2026

IDBI invites application for empanelment of Chartered Accountant firms as Concurrent Auditor for FY 2026-27 IDBI Bank has invited online…

2 days ago