PCIT v. Nandkishor Hulaschand Jalan (2024)461 ITR 338 /161 taxmann.com 81 (SC) Editorial: PCIT v. Nandkishor Hulaschand Jalan(2019) 412 ITR 357 (Guj)(HC)

S. 69C : Unexplained expenditure-Bogus purchases-Sundry creditors-Only profit element embedded in credits can be taxed-Restricted to 25% of element of profit-Order of High Court is affirmed-SLP of Revenue is dismissed. [S. 37, 69A, 143(3), Art.136]

The Assessing Officer took the view that trade credits and creditor expenses were not genuine and that those creditors were merely book entries and had already been paid off in cash, and treated the sum as income of the assessee under section 69A of the Income-tax Act, 1961. The Commissioner (Appeals) restricted the additions to the profit element of 25 per cent. and the Tribunal affirmed this. On appeal by the Department the High Court held that the Commissioner (Appeals) and the Tribunal had correctly limited the additions made by the Assessing Officer to 25 per cent. SLP of Revenue is dismissed.