DCIT (OSD), Range 10 vs. M/s. Gulshan Polyols Limited
Case No: ITA No.5551/Del/2024
Court: Income Tax Appellate Tribunal, Delhi Benches ‘B’
Date: 1/28/2026
Parties Involved
appellantDCIT (OSD), Range 10
respondentM/s. Gulshan Polyols Limited
Facts Summary
The case involves the selection of M/s. Gulshan Polyols Limited for scrutiny due to an accommodation entry provided by the assessee. The Assessing Officer found that the assessee had taken accommodation sale and purchase entries amounting to Rs.47,94,200 and Rs.5,30,000 respectively from a shell entity operated by Ashok Kumar Gupta. A survey action was conducted, and Ashok Kumar Gupta admitted to providing bogus entries. The Assessing Officer rejected the assessee’s submissions and treated the t…
Decision in favour of
Assessee
Legal Issues
- 1. Whether the Ld. CIT(A) erred in law by holding that the assessee had discharged its primary onus of proving the credit worthiness of the concerned parties and also genuineness of the transaction in terms of section 68 of the IT Act, 1961?
- 2. Whether the Ld. CIT(A) failed to appreciate that merely because payment has been made through banking channel would not lead to conclusion that the transaction is genuine?
2 more legal issues analysed in this judgement.