Agarwal Industries Pvt. Ltd vs Dcit, Circle-1(1) on 22 July, 2026

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    Telangana High Court

    Agarwal Industries Pvt. Ltd vs Dcit, Circle-1(1) on 22 July, 2026

    Author: P.Sam Koshy

    Bench: P.Sam Koshy

      IN THE HIGH COURT FOR THE STATE OF TELANGANA
                      AT HYDERABAD
    
               THE HON'BLE SRI JUSTICE P.SAM KOSHY
                                            AND
    THE HON'BLE SRI JUSTICE NARSING RAO NANDIKONDA
    
            INCOME TAX TRIBUNAL APPEAL No.73 of 2023
    
                                   DATE: 22.07.2026
    
    Between:
    M/s. Agarwal Industries Pvt. Ltd.
    
                                                                    ...Appellant
    
                                            AND
    
    DCIT, Circle-1(1), Hyderabad.
    
                                                                  ...Respondent
    
    
    JUDGMENT:

    (per Hon’ble Sri Justice P.Sam Koshy)
    Heard Mr. Vedula Srinivas, learned Senior counsel

    representing Ms. Vedula Chitralekha, learned counsel for the

    SPONSORED

    appellant; and Ms. B. Sapna Reddy, learned Senior Standing Counsel

    for Income Tax Department appearing on behalf of the respondent.

    2. The instant appeal under Section 260A of the Income Tax Act,

    1961 (for short the ‘Act’) has been filed by the appellant challenging

    the order passed by the Income Tax Appellate Tribunal, Hyderabad
    Page 2 of 15

    Bench ‘A’, Hyderabad (for short the ‘ITAT’) in

    ITA.No.60/Hyd/2018, decided on 19.01.2023.

    3. Vide the impugned order; the ITAT dismissed the appeal

    preferred by appellant who appealed against the unwarranted addition

    of unexplained cash credits received by appellant under Section 68 of

    the Act, for the assessment year 2010-11.

    4. The brief facts of the case are that the appellant is a company

    which filed its return of income on 03.02.2011, admitting an income

    of Rs.43,10,278/- under regular provisions of the Act and income of

    Rs.3,47,58,664/ under the provisions of section 115JB of the Act. The

    return was processed under Section 143(1) of the Act. Subsequently,

    the case was converted to scrutiny through Computer-Assisted

    Scrutiny Selection (for short, ‘CASS’). In response to the notices

    issued under Section 143(2) and 142(1) of the Act, the authorized

    representatives of the appellant appeared from time to time and

    furnished the information called for. After hearing the authorized

    representatives and after verifying the information filed, the Assessing

    Officer completed the assessment order by making various additions
    Page 3 of 15

    and passed an order under Section 143(3) of the Act, dated

    28.03.2013.

    5. Being aggrieved by the order passed by the Assessing Officer,

    the appellant filed an appeal before the Commissioner of Income Tax

    (Appeals) (for short ‘CIT(A)’) vide Appeal No.0078/CIT(A)-1,

    Hyd/2013-14/2017-18. However, the CIT(A) also did not grant the

    relief sought for by the appellant. The reasons and the findings of the

    CIT(A) while disposing of the appeal was based on the three

    observations which are enumerated below:

    a) First addition of Rs.5,25,00,000/- under Section 68 of the

    Act towards unexplained cash credits to the appellant by

    one, Smt. Hema Kedia by way of cheque, which was

    categorically instructed not to cash-in owing to the fact that

    Smt. Kedia was not having adequate amount in her bank.

    b) Second addition of Rs.10,00,000/- under Section 68 of the

    Act towards unexplained cash credits which was a return of

    payback amount to the appellant for an unsecured loan by a

    borrower namely, Smt. Ranjana Agarwal.

    Page 4 of 15

    c) Third addition of Rs. 23,18,298/- under Section 68 of the

    Act towards difference in interest as per Form 26AS,

    whereas during the assessment proceedings, the Assessing

    Officer had noticed that there is a difference of interest

    receipts held by the appellant and the amounts mentioned

    did not tally and led to a difference to the tune of

    Rs.23,18,298/- which was added by the CIT(A).

    6. On appeal before the ITAT, it was held that the arguments

    submitted by the appellant were not satisfactory and the reasons put

    forth were also devoid of merit, and hence, the ITAT did not interfere

    with the findings and order of the CIT(A) and dismissed the appeal

    preferred by the appellant.

    7. It is this impugned order of the ITAT which is under challenge

    in this instant appeal.

    8. Learned Senior Counsel for the appellant submitted that the

    sums received from Smt. Hema Kedia and Smt. Ranjana Agarwal,

    amounting to Rs.5,25,00,000/- and Rs.10,00,000/- respectively, were

    duly verified and that there was no dispute raised against the fact that
    Page 5 of 15

    the funds belonged to the above-named persons. The credit

    worthiness of the two persons was duly accepted by the assessing

    authorities. Despite tracing and declaring the origin of the amounts

    received by the appellants, the assessing authorities made the addition

    against the appellant under Section 68 of the Act, which is an

    unwarranted and unreasonable action by the respondent.

    9. Learned Senior Counsel for the appellant further contended that

    the invocation of ‘doctrine of real income’ by the ITAT was

    unwarranted, since the appellant proved that the funds belonged to

    Smt. Hema Kedia which was also held confirmed by the statement

    given by Smt. Hema Kedia before the authority concerned during the

    assessment proceedings, that the ITAT went into the ‘approbate and

    reprobate theory’ against the appellant which did not apply to facts of

    the case at hand.

    10. Au contraire, learned Senior Standing Counsel for Income Tax

    Department contended that the sums received by the appellant i.e.

    Rs.5,25,00,000/- and Rs.10,00,000/- were nothing but bogus entries to

    infuse its own funds into its company. During the assessment

    proceedings, the respondent did not find any share application money
    Page 6 of 15

    in the balance sheet of the appellant which further raised doubts of its

    origin and legality. Further, upon summons by the respondent,

    Smt. Hema Kedia refused to appear and depose as to the

    creditworthiness and genuineness of the transactions made by her

    against the appellant. Based on the above findings, the respondent

    made the above mentioned amounts under addition under Section 68

    of the Act.

    11. Learned Senior Standing Counsel for Income Tax Department

    placed reliance on the case of CIT vs. P. Mohanakala 1 wherein the

    conditions which are necessary for a transaction to fall within Section

    68 of the Act were extensively discussed. The relevant paragraphs are

    reproduced hereunder for ready reference, viz.,

    “A bare reading of section 68 of the Income-tax Act, 1961, suggests

    that (i) there has to be credit of amounts in the books maintained by

    the assessee;(ii) such credit has to be a Sum of money during the

    previous year; and (iii) either (a) the assessee offers no explanation

    about the nature and source of such credits found in the books or

    (b) the explanation offered by the assessee, in the opinion ofthe

    Assessing Officer, is not, satisfactory. It is only then that-the sum so

    credited may be charged to income tax as the income of the assessee

    1
    291 ITR 278 (SC) / [2007] 210 CTR 20 (SC)
    Page 7 of 15

    of that previous year. The expression “the assessee offers no

    explanation” means the assessee offers no proper, reasonable and

    acceptable explanation as regards the sums found credited in the

    books maintained by the assessee.”

    12. Having heard the contentions put forth on either side and

    on perusal of records, the question of law that falls for

    consideration in the instant appeal is “whether the appellant had

    discharged the burden cast upon it under Section 68 of the Act

    with respect to the three additions in issue, and if so, whether the

    CIT(A) and the ITAT were justified in nonetheless sustaining the

    said additions?”

    13. It would be relevant at this juncture to take note of the

    provisions of Section 68 of the Act which deals ‘Cash Credit’.

    For ready reference, Section 68 of the Act is reproduced

    hereunder:

    “Cash credits.

    68. Where any sum is found credited in the books of an assessee
    maintained for any previous year, and the assessee offers no
    explanation about the nature and source thereof or the explanation
    offered by him is not, in the opinion of the Assessing Officer,
    satisfactory, the sum so credited may be charged to income-tax as the
    income of the assessee of that previous year:

    Page 8 of 15

    Provided that where the sum so credited consists of loan or borrowing
    or any such amount, by whatever name called, any explanation
    offered by such assessee shall be deemed to be not satisfactory,
    unless,–

    (a)the person in whose name such credit is recorded in the books of
    such assessee also offers an explanation about the nature and source
    of such sum so credited; and

    (b)such explanation in the opinion of the Assessing Officer aforesaid
    has been found to be satisfactory:

    Provided further that where the assessee is a company (not being a
    company in which the public are substantially interested), and the sum
    so credited consists of share application money, share capital, share
    premium or any such amount by whatever name called, any
    explanation offered by such assessee-company shall be deemed to be
    not satisfactory, unless–

    (a)the person, being a resident in whose name such credit is recorded
    in the books of such company also offers an explanation about the
    nature and source of such sum so credited; and

    (b)such explanation in the opinion of the Assessing Officer aforesaid
    has been found to be satisfactory:

    Provided also that nothing contained in the first proviso or second
    proviso shall apply if the person, in whose name the sum referred to
    therein is recorded, is a venture capital fund or a venture capital
    company as referred to in clause (23FB) of section 10.

    A plain reading of the aforesaid provision discloses that it

    casts a burden on the assessee, once a credit entry appears in its

    books of account, to satisfactorily explain three cumulative facets,

    namely (i) the identity of the creditor / investor (ii) the
    Page 9 of 15

    creditworthiness or financial capacity of such creditor to advance the

    sum in question and (iii) the genuineness of the transaction itself.

    It is only when the assessee fails to discharge this initial onus, or

    where the explanation furnished is found unsatisfactory by the

    Assessing Officer on cogent material, that the credited sum may be

    treated as unexplained income and brought to tax. The provision

    does not clothe the Assessing Officer with an unfettered discretion to

    reject an explanation merely on suspicion, surmise or conjecture; the

    rejection must be founded on objective material and must survive

    scrutiny on the touchstone of the three-fold test noticed above, as has

    also been amplified by the Hon’ble Supreme Court in the case of P.

    Mohanakala (supra).

    14. In so far as the addition of Rs.5,25,00,000/- received from

    Smt. Hema Kedia is concerned, the record shows that the appellant

    had furnished the confirmation letter of the creditor, her permanent

    account number, her bank statement reflecting the source of funds,

    and her income-tax returns demonstrating her financial standing. The

    amount was admittedly received by way of an account-payee cheque,

    a mode of transaction which is itself a recognised indicator of
    Page 10 of 15

    genuineness and which leaves a clear trail capable of verification.

    The mere fact that the appellant, out of abundant caution and on the

    specific instructions of Smt. Kedia who candidly informed the

    appellant that she did not have sufficient clear balance in her account

    at that point of time did not present the cheque for encashment

    immediately, cannot by itself be elevated into a ground for doubting

    the genuineness of the transaction or the bona fides of the appellant

    and its endeavour to ensure that the transaction remained visible.

    15. It is no doubt true that Smt. Kedia did not personally appear

    before the Assessing Officer in response to the summons issued to

    her. However, non-appearance of a creditor cannot be treated as fatal

    to the assessee’s case once the assessee has placed on record cogent

    documentary material establishing the identity of the creditor, her

    creditworthiness, and the genuineness of the transaction. The

    obligation of the assessee under Section 68 of the Act is to

    satisfactorily explain the credit through material that is available to

    and within the power of the assessee to produce. It does not extend to

    compelling the physical presence of an independent third party over

    whom the assessee has no control. Whereas, in the present case, the
    Page 11 of 15

    creditor has independently confirmed the transaction in writing and

    the transaction is duly reflected in her disclosed bank account and tax

    filings. The failure of the creditor to personally depose, for reasons

    entirely her own, cannot be attributed to the assessee so as to convert

    an otherwise explained credit into unexplained income.

    16. We are also unable to sustain the reasoning of the ITAT

    insofar as it proceeded to invoke the doctrine of real income and the

    theory of approbate and reprobate against the appellant. The doctrine

    of real income has no application whatsoever to a fact situation such

    as the present, where the dispute is confined to whether a credit entry

    has been satisfactorily explained under Section 68 of the Act.

    Equally, the principle that a party cannot approbate and reprobate

    presupposes that the assessee has taken inconsistent stands at

    different points in the proceedings so as to take advantage of one

    position while disowning the other. No such inconsistency has been

    demonstrated by the Revenue against the appellant in the present

    case. The appellant has from the stage of assessment, right up to the

    instant appeal under Section 260A of the Act, maintained a

    consistent stand that the sum was received from Smt. Hema Kedia
    Page 12 of 15

    and belonged to her. The invocation of these two doctrines by the

    ITAT was misconceived and has resulted in a perverse appreciation

    of an otherwise straightforward factual matrix.

    17. As regards the addition of Rs.10,00,000/- concerning

    Smt. Ranjana Agarwal, the material on record also discloses that this

    amount represented nothing more than the repayment of an

    unsecured loan earlier advanced by the appellant to her. Once it is

    shown, and it is not seriously disputed that the amount in question

    was originally advanced by the appellant to the borrower and merely

    came back into the appellant’s books as a repayment, the character of

    the receipt is self-evident and cannot be treated as an unexplained

    cash credit within the meaning of Section 68 of the Act. To subject

    the very same amount to tax for the second time, once as a loan

    advanced out of already taxed or explained funds, and again as an

    unexplained credit upon its repayment, would result in an

    incongruous and unintended consequence that the provision was

    never designed to bring about. The addition on this count, in our

    view, proceeds on a misapprehension of the true nature of the entry

    and cannot be sustained.

    Page 13 of 15

    18. It requires to be reiterated that the burden under Section 68 of

    the Act, though lies upon the assessee in the first instance, is not an

    unlimited or unending one. Once the assessee places on record

    material sufficient to establish identity, creditworthiness and

    genuineness, prima facie the onus shifts on the Assessing Officer to

    dislodge that material by bringing independent and cogent evidence

    on record. It is not open to the Assessing Officer, much less to the

    appellate authorities, to reject such material on mere suspicion,

    however strong, or on the basis of surmise unsupported by any

    positive finding. In the present case, we find that the appellant did

    place on record confirmations, bank statements, income-tax

    particulars of the creditors, and books of account reflecting the

    underlying transactions, thereby discharging the initial burden cast

    upon it. The Revenue, on the other hand, has not brought on record

    any material to independently establish that the sums in question

    represented the appellant’s own unaccounted income routed back

    into its books in the guise of credits.

    19. The observation that no share application money was reflected

    in the balance sheet does not by itself establish that the funds were
    Page 14 of 15

    bogus, particularly when the transactions in question were admittedly

    not share application money but unsecured loans and their

    repayment.

    20. For all the reasons aforesaid, the substantial question of law

    involved in this appeal is answered in favour of the appellant and

    against the Revenue and it is held that the appellant had duly and

    satisfactorily discharged the burden of proof cast upon it under

    Section 68 of the Act with respect to all the three additions in issue,

    and the approach adopted by the CIT(A) as well as the ITAT in

    sustaining the said additions without properly appreciating the

    material placed on record and by importing considerations

    extraneous to Section 68 of the Act, was erroneous both on facts and

    in law. The findings of the ITAT, being founded on a misapplication

    of the doctrine of real income and the principle of approbate and

    reprobate, and being rendered without due regard to the documentary

    evidence establishing the bona fides of the appellant, cannot be

    sustained and are accordingly set aside.

    21. In the result, the instant appeal stands allowed. The order

    passed by the ITAT, dated 19.01.2023, to the extent that sustains the
    Page 15 of 15

    additions of Rs.5,25,00,000/-, Rs.10,00,000/- and Rs.23,18,298/-

    under Section 68 of the Act is set aside.

    22. As a sequel, miscellaneous petitions pending if any, shall stand

    closed. However, there shall be no order as to costs.

    _________________
    P. SAM KOSHY, J

    _______________________________
    NARSING RAO NANDIKONDA, J

    Date: 22.07.2026
    GSD



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