Legal Case Summary

Case Details
Case ID ec11b44a-2cb7-43b8-8cfe-6ee20c325b1f
Body View case body.
Case Number Income Tax Application No. 225 of 1991
Decision Date Oct 10, 1991
Hearing Date
Decision The court held that the issue of whether the cash credit amounting to Rs. 21,000 in the name of Smt. Memo Deyi remained unexplained was indeed a question of law. The court directed the Income Tax Appellate Tribunal to prepare a statement of the case and refer the question to the High Court for its opinion. The judgment emphasizes the importance of clarity and justification regarding cash credits under the Indian Income Tax Act, ensuring that the Tribunal's decisions are well-founded in law.
Summary The case revolves around the interpretation of cash credits under the Indian Income Tax Act, 1961. The Allahabad High Court examined whether the cash credit of Rs. 21,000 in the name of Smt. Memo Deyi was unexplained, which posed significant implications for income tax assessments. The ruling underscores the legal framework surrounding cash credits, the necessity for thorough documentation, and the importance of the Tribunal's role in ensuring equitable tax practices. This case serves as a critical reference for tax professionals and advocates dealing with similar income tax issues, particularly those concerning unexplained cash credits, a common area of dispute in tax litigation. Keywords: Income Tax, Cash Credit, Tax Law, Tribunal Decisions, High Court Rulings, Legal Interpretation.
Court Allahabad High Court
Entities Involved Not available
Judges A.N. Verma, R.K. Gulati
Lawyers learned counsel for the assessee, learned counsel representing the Commissioner of Income-tax
Petitioners Avadesh Kumar Upadhyay
Respondents Commissioner of Income Tax
Citations 1993 SLD 332, 1993 PTD 823, (1993) 199 ITR 214
Other Citations Not available
Laws Involved Indian Income Tax Act, 1961
Sections 68, 256