A.K. Babu Khan v. CWT

102 ITR 757High Court1976#5173 most cited

What is A.K. Babu Khan v. CWT authority for?

Additional evidence cannot be admitted by appellate authorities if it was not produced before the Assessing Officer, unless the assessee shows sufficient cause for not filing it earlier.

22

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2025.

Also referred to as

A.K. Babu Khan · CWT · 102 ITR 757 · additional evidence · appellate authority · Assessing Officer · sufficient cause · Rule 29

Judgments citing A.K. Babu Khan v. CWT

TRIGAT LIFE SCIENCES PRIVATE LIMITED,LUCKNOW vs. DEPUTY COMMISSIONER OF INCOME TAX -6, LUCKNOW

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 190/LKW/2025[2016-17]Status: DisposedITAT Lucknow28 Aug 2025AY 2016-17

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2016-17 Trigat Life Sciences Private Limited, Vs. Deputy Commissioner Of 301, 3Rd Floor, Kusum Deep Income Tax-6, Lucknow New Complex Chowk, Lucknow, U.P. Pan:Aacct7404N (Appellant) (Respondent) Assessee By: None Revenue By: Sh. R.K. Agarwal, Cit Dr Date Of Hearing: 30.07.2025 Date Of Pronouncement: 29.08.2025 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee, Against The Orders Of The Ld. Cit(A), Nfac Under Section 250 Of The Income Tax Act, 1961 On 27.02.2025, Dismissing The Appeal Of The Assessee Filed Against The Orders Of The Ld. Dcit, Circle-6, Lucknow, Under Section 143(3) On 27.11.2018. The Grounds Of Appeal Are As Under: - “1. The Ld. Commissioner Of Income-Tax (Appeal) Has Erred In Law & On Facts In Passing The Order, Which Is Unlawful, Unjustified & Against The Principles Of Natural Justice. 2. The Ld. Commissioner Of Income-Tax (Appeal) Has Erred In Law & On Facts In Passing The Order Without Giving Adequate Opportunity Of Being Heard. 3. The Ld. Commissioner Of Income-Tax (Appeal) Has Erred In Law & On Facts In Passing The Order With Intangible Addition Of 50 Percent Sales Promotion Expenses Of Rs 7188348 On Estimated Basis. 4. The Ld. Commissioner Of Income-Tax (Appeals) Has Erred In Law & On Facts In Passing Assessment Order Which Is Contrary To The Facts & Law.

For Appellant: NoneFor Respondent: Sh. R.K. Agarwal, CIT DR
Section 143(3)Section 250

…nce before the appellate authority as a matter of right and the ld. CIT(A) was justified in refusing to entertain additional evidence, if they had not been produced before the ld. AO. The ld. CIT(A) also quoted from the orders of A.K. Babu Khan vs. CWT (1976) 102 ITR 757 (Andhra Pradesh), the case of Bobbili Gowresu vs. Kottu Subhadramma AIR 1957 AP 961, the case of Arjan Singh Alias Puran vs. Kartar Singh AIR 1951 SC 193 and the case of Ram Prasad Sharma vs. CIT (1979) 233 taxman 469 (Allahabad). He, therefore, declined to accept this additional evidence and he rejected the appeal of the assessee. 4. Aggrieved w…

MBS JEWELLER PRIVATE LIMITED,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE-3, HYDERABAD

In the result, both the appeals of the assessees are allowed in above terms

ITA 331/HYD/2018[2010-11]Status: DisposedITAT Hyderabad04 Jan 2022AY 2010-11

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahuassessment Year: 2010-11 Mbs Impex Pvt. Ltd., Vs. Dy. Commissioner Of Hyderabad. Income-Tax, Central Circle – 3(1), Pan – Aaccm 2968E Hyderabad. (Appellant) (Respondent) Assessment Year: 2010-11 Mbs Jeweller Pvt. Ltd., Vs. Dy. Commissioner Of Hyderabad. Income-Tax, Central Circle – 3(1), Pan – Aaecm 7050M Hyderabad. (Appellant) (Respondent) Assessee By: Shri P. Murali Mohan Rao Revenue By: Shri Y.V.S.T. Sai, Cit-Dr Date Of Hearing: 13/12/2021 Date Of Pronouncement: 07/01/2022

For Appellant: Shri P. Murali Mohan RaoFor Respondent: Shri Y.V.S.T. Sai, CIT-DR
Section 142Section 143(2)Section 143(3)

…826). d. Decision of ITAT Chennai Bench in the case of Kanniappan Murugadoss Vs. ITO Non Corporate ward 7(4), Chennai [2017] (79 taxmann.com 244). e. Decision of High Court of Andhra Pradesh in the case of A K Babu Khan Vs. Commissioner of Wealth Tax [1976] (102 ITR 757). 8.1 The ld. DR also filed compilation of case laws containing pages 1 to 222, the details of which are as under: Left space intentionally :- 18 -: ITA Nos. 330 & 331/Hyd/2018 MBS Impes Pvt. Ltd. and another, Hyd. 8.2 The ld. DR also filed a petition for filing additional evidence by way of paper book, the details of which are as under: :-…

MBS IMPES PRIVATE LIMITED,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE-3(1), HYDERABAD

In the result, both the appeals of the assessees are allowed in above terms

ITA 330/HYD/2018[2010-11]Status: DisposedITAT Hyderabad04 Jan 2022AY 2010-11

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahuassessment Year: 2010-11 Mbs Impex Pvt. Ltd., Vs. Dy. Commissioner Of Hyderabad. Income-Tax, Central Circle – 3(1), Pan – Aaccm 2968E Hyderabad. (Appellant) (Respondent) Assessment Year: 2010-11 Mbs Jeweller Pvt. Ltd., Vs. Dy. Commissioner Of Hyderabad. Income-Tax, Central Circle – 3(1), Pan – Aaecm 7050M Hyderabad. (Appellant) (Respondent) Assessee By: Shri P. Murali Mohan Rao Revenue By: Shri Y.V.S.T. Sai, Cit-Dr Date Of Hearing: 13/12/2021 Date Of Pronouncement: 07/01/2022

For Appellant: Shri P. Murali Mohan RaoFor Respondent: Shri Y.V.S.T. Sai, CIT-DR
Section 142Section 143(2)Section 143(3)

…826). d. Decision of ITAT Chennai Bench in the case of Kanniappan Murugadoss Vs. ITO Non Corporate ward 7(4), Chennai [2017] (79 taxmann.com 244). e. Decision of High Court of Andhra Pradesh in the case of A K Babu Khan Vs. Commissioner of Wealth Tax [1976] (102 ITR 757). 8.1 The ld. DR also filed compilation of case laws containing pages 1 to 222, the details of which are as under: Left space intentionally :- 18 -: ITA Nos. 330 & 331/Hyd/2018 MBS Impes Pvt. Ltd. and another, Hyd. 8.2 The ld. DR also filed a petition for filing additional evidence by way of paper book, the details of which are as under: :-…

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A.K. Babu Khan v. CWT (102 ITR 757) — Cited in 22 Judgments | BharatTax