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Indivar Marketing Private Limited

Case No: ITA No. 1213/KOL/2024
Court: Income Tax Appellate Tribunal, 'SMC' Bench, Kolkata
Date: 3/17/2025

Parties Involved

appellantIndivar Marketing Private Limited
respondentIncome Tax Officer, Ward-14(1), Kolkata

Facts Summary

The assessee, Indivar Marketing Private Limited, filed its return of income for the assessment year 2018-19 declaring a total income of Rs.20,980/-. The company received Rs.16,50,000/- from M/s. Aditi Sanchar Suvidha Pvt. Limited as an advance against the sale of shares. Despite issuing a notice under section 148A(b) and subsequently under section 148 of the Act, the assessee failed to provide adequate details or documents to substantiate the nature of the receipt. Consequently, the Assessing Officer deemed Rs.9,00,000/- as unexplained cash credit and assessed it under section 68, bringing it to tax under section 115BBE of the Act. The assessee appealed against this order, claiming that the revenue authorities did not examine the documents submitted.

Decision in favour of

Assessee

Legal Issues

  • 1. Whether the orders of the ld. CIT(Appeals) and ld. Assessing Officer are bad in law and on facts of the case.
  • 2. Whether the ld. CIT(Appeals) erred in confirming the addition of Rs.9,00,000/- towards ‘unexplained cash credit’ without considering the merit and facts of the case.

Judgment Outcome

Decided in favour of Assessee.

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Indivar Marketing Private Limited | ITA No. 1213/KOL/2024 | 2025 | Opakhya