The question before the High Court was “ On the facts and in the circumstances of the case and in law, whether the Tribunal was right in sustaining the additions made of old outstanding sundry credit balances” Allowing the appeal of the assessee the Court held that, the expression “any previous year” does not mean all previous years but the previous year in relation to the assessment year concerned. If the cash credits are credited in the FY 2006-07, it cannot be brought to tax in a later AY.2009-10 .Followed CIT v. Bhaichand H. Gandhi (1983) , 141 ITR 67 (Bom) (HC) CIT v. Lakshman Swaroop Gupta & Brothers (1975) , 100 ITR 222 (Raj) (HC) Bhor Industries Ltd v. CIT AIR 1961 SC 1100 ( TA No. 29 of 013, dt. 14.02.2020) (AY. 2009 10)
Ivan Singh v. ACIT (2020) 422 ITR 128 / 195 DTR 227/ 272 Taxman 36/ ( 2021) 322 CTR 851 (Bom)(HC)(Goa Bench), www.itatonline.org
S. 68 : Cash credits -The expression “any previous year” does not mean all previous years but the previous year in relation to the assessment year concerned- If the cash credits are credited in the FY 2006-07, it cannot be brought to tax in a later AY.2009-10[ S.3 ]