Anjana Construction v. ACIT (2025) 128 ITR 148 (Jodhpur)(Trib.)

S. 68: Cash credits-Partner’s capital contribution –Partner was assessed to tax, and the source of the capital contribution was proved-Addition in the hands of the firm was not sustainable.

The AO treated cash introduced as partner capital as unexplained income under section 68 of the Act. The assessee explained that the partner had received funds from Sarvodaya Mining Services and provided supporting books, cash records, and balance sheet evidence. On appeal, the ITAT agreed that the source of funds was explained and relied on the principle that capital introduced by a partner cannot generally be taxed in the hands of the firm when the partner is identifiable and a taxpayer. The deletion of the addition was upheld. [AY. 2017-18.]

Leave a Reply

Your email address will not be published. Required fields are marked *

*