ACIT v. Layers Exports P. Ltd.

53 ITR (Trib) 416Income Tax Appellate Tribunal2017#1611 most cited

What is ACIT v. Layers Exports P. Ltd. authority for?

Additions cannot be sustained merely on the basis of rough notings on loose sheets found during a search unless the Assessing Officer brings independent and corroborative material to prove unaccounted income, investment, or expenditure.

70

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2019 to 2025.

Also referred to as

ACIT v. Layers Exports P. Ltd. · Section 132 Income Tax Act · loose sheets search · uncorroborated notings addition · unaccounted income loose papers · corroborative evidence search · evidentiary value loose documents · Section 153A assessment · Section 69 undisclosed income · search and seizure additions

Sections most often in play

Section 132(4)Section 292CSection 69Section 132Section 153ASection 69BSection 153CSection 132(4A)

Issues it is cited on

section 132(1)(a)section 35acvoluntary admissionsection 10(22)section 11(4)arbitrary and capricioussection 115bbcsection 35asection 2(45)section 164(2)cash found during searchsection 158b(b)

Judgments citing ACIT v. Layers Exports P. Ltd.

Assistant Commissioner of Income Tax Central Circle-2(2), Bangalore vs. Sri V C Charantimath, Bagalkot

In the result, the assessee’s appeals in ITA Nos

ITA 236/BANG/2018[2013-14]Status: DisposedITAT Bangalore29 Aug 2022AY 2013-14

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri S. Ramasubramanian, A.RFor Respondent: Shri Sumer Singh Meena, D.R
Section 10Section 11Section 12ASection 35ASection 80G

…ITA Nos.2775, 2776 & 2777/Bang/2017 ITA Nos.64, 65 & 66/Bang/2018 & ITA Nos.235 & 236/Bang/2018 IN THE INCOME TAX APPELLATE TRIBUNAL “A’’ BENCH: BANGALORE BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER ITA Nos.2775 to 2777/Bang/2017 Assessment Years: 2012 – 13, 2013-14 & 2014-15 Sri Basaveshwar Veerashaiva Vidyavardhak Sangha, Deputy Commissioner of Hungund Road Income-tax Vs. Bagalkot 587 101 Central Circle-2(2) Bangalore PAN NO : AAAAB2169A APPELLANT RESPONDENT ITA Nos.64 to 66/Bang/2018 & ITA No.234/Bang/2018 Assessment Years: 2012-13, 2013-14, 2014-15 & 2013-14…

Assistant Commissioner of Income Tax Central Circle-2(2), Bangalore vs. Sri.V.C.Charantimath, Bagalkot

In the result, the assessee’s appeals in ITA Nos

ITA 235/BANG/2018[2012-13]Status: DisposedITAT Bangalore29 Aug 2022AY 2012-13

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri S. Ramasubramanian, A.RFor Respondent: Shri Sumer Singh Meena, D.R
Section 10Section 11Section 12ASection 35ASection 80G

…ITA Nos.2775, 2776 & 2777/Bang/2017 ITA Nos.64, 65 & 66/Bang/2018 & ITA Nos.235 & 236/Bang/2018 IN THE INCOME TAX APPELLATE TRIBUNAL “A’’ BENCH: BANGALORE BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER ITA Nos.2775 to 2777/Bang/2017 Assessment Years: 2012 – 13, 2013-14 & 2014-15 Sri Basaveshwar Veerashaiva Vidyavardhak Sangha, Deputy Commissioner of Hungund Road Income-tax Vs. Bagalkot 587 101 Central Circle-2(2) Bangalore PAN NO : AAAAB2169A APPELLANT RESPONDENT ITA Nos.64 to 66/Bang/2018 & ITA No.234/Bang/2018 Assessment Years: 2012-13, 2013-14, 2014-15 & 2013-14…

Assistant Commissioner of Income-Tax, Central Circle-2(2), Bengaluru vs. M/S. Sri. Basaveshwar Veerashaiva Vidyavardhak Sangha, Bagalkote

In the result, the assessee’s appeals in ITA Nos

ITA 234/BANG/2018[2013-14]Status: DisposedITAT Bangalore29 Aug 2022AY 2013-14

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri S. Ramasubramanian, A.RFor Respondent: Shri Sumer Singh Meena, D.R
Section 10Section 11Section 12ASection 35ASection 80G

…ITA Nos.2775, 2776 & 2777/Bang/2017 ITA Nos.64, 65 & 66/Bang/2018 & ITA Nos.235 & 236/Bang/2018 IN THE INCOME TAX APPELLATE TRIBUNAL “A’’ BENCH: BANGALORE BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER ITA Nos.2775 to 2777/Bang/2017 Assessment Years: 2012 – 13, 2013-14 & 2014-15 Sri Basaveshwar Veerashaiva Vidyavardhak Sangha, Deputy Commissioner of Hungund Road Income-tax Vs. Bagalkot 587 101 Central Circle-2(2) Bangalore PAN NO : AAAAB2169A APPELLANT RESPONDENT ITA Nos.64 to 66/Bang/2018 & ITA No.234/Bang/2018 Assessment Years: 2012-13, 2013-14, 2014-15 & 2013-14…

Sri Basaveshwar Veerashaiva Vidyavardhak Sagha, Bagalkot vs. Deputy Commissioner of Income Tax, Central Circle-2(2), Bengaluru

In the result, the assessee’s appeals in ITA Nos

ITA 2777/BANG/2017[2014-15]Status: DisposedITAT Bangalore29 Aug 2022AY 2014-15

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri S. Ramasubramanian, A.RFor Respondent: Shri Sumer Singh Meena, D.R
Section 10Section 11Section 12ASection 35ASection 80G

…ITA Nos.2775, 2776 & 2777/Bang/2017 ITA Nos.64, 65 & 66/Bang/2018 & ITA Nos.235 & 236/Bang/2018 IN THE INCOME TAX APPELLATE TRIBUNAL “A’’ BENCH: BANGALORE BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER ITA Nos.2775 to 2777/Bang/2017 Assessment Years: 2012 – 13, 2013-14 & 2014-15 Sri Basaveshwar Veerashaiva Vidyavardhak Sangha, Deputy Commissioner of Hungund Road Income-tax Vs. Bagalkot 587 101 Central Circle-2(2) Bangalore PAN NO : AAAAB2169A APPELLANT RESPONDENT ITA Nos.64 to 66/Bang/2018 & ITA No.234/Bang/2018 Assessment Years: 2012-13, 2013-14, 2014-15 & 2013-14…

Sri Basaveshwar Veerashaiva Vidyavardhak Sangha, Bagalkot vs. Deputy Commissioner of Income Tax, Central Circle-2(2), Bengaluru

In the result, the assessee’s appeals in ITA Nos

ITA 2776/BANG/2017[2013-14]Status: DisposedITAT Bangalore29 Aug 2022AY 2013-14

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri S. Ramasubramanian, A.RFor Respondent: Shri Sumer Singh Meena, D.R
Section 10Section 11Section 12ASection 35ASection 80G

…ITA Nos.2775, 2776 & 2777/Bang/2017 ITA Nos.64, 65 & 66/Bang/2018 & ITA Nos.235 & 236/Bang/2018 IN THE INCOME TAX APPELLATE TRIBUNAL “A’’ BENCH: BANGALORE BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER ITA Nos.2775 to 2777/Bang/2017 Assessment Years: 2012 – 13, 2013-14 & 2014-15 Sri Basaveshwar Veerashaiva Vidyavardhak Sangha, Deputy Commissioner of Hungund Road Income-tax Vs. Bagalkot 587 101 Central Circle-2(2) Bangalore PAN NO : AAAAB2169A APPELLANT RESPONDENT ITA Nos.64 to 66/Bang/2018 & ITA No.234/Bang/2018 Assessment Years: 2012-13, 2013-14, 2014-15 & 2013-14…

Sri Basaveshwar Veershaiva Vidyavardhak Sangha, Bagalkot vs. Deputy Commissioner of Income Tax, Central Circle-2(2), Bengaluru

In the result, the assessee’s appeals in ITA Nos

ITA 2775/BANG/2017[2012-13]Status: DisposedITAT Bangalore29 Aug 2022AY 2012-13

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri S. Ramasubramanian, A.RFor Respondent: Shri Sumer Singh Meena, D.R
Section 10Section 11Section 12ASection 35ASection 80G

…ITA Nos.2775, 2776 & 2777/Bang/2017 ITA Nos.64, 65 & 66/Bang/2018 & ITA Nos.235 & 236/Bang/2018 IN THE INCOME TAX APPELLATE TRIBUNAL “A’’ BENCH: BANGALORE BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER ITA Nos.2775 to 2777/Bang/2017 Assessment Years: 2012 – 13, 2013-14 & 2014-15 Sri Basaveshwar Veerashaiva Vidyavardhak Sangha, Deputy Commissioner of Hungund Road Income-tax Vs. Bagalkot 587 101 Central Circle-2(2) Bangalore PAN NO : AAAAB2169A APPELLANT RESPONDENT ITA Nos.64 to 66/Bang/2018 & ITA No.234/Bang/2018 Assessment Years: 2012-13, 2013-14, 2014-15 & 2013-14…

M/S. Devaraj Urs Educational Trust for Backward Classes (Regd), Kolar vs. Principal Commissioner of Income Tax (Central), Bangalore

In the result, appeal filed by the assessee is allowed

ITA 155/BANG/2022[2020-21]Status: DisposedITAT Bangalore08 Jun 2022AY 2020-21

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: Na

For Appellant: Sri Ramasubramaniyan, A.RFor Respondent: Sri Pradeep Kumar, D.R
Section 11Section 12ASection 132Section 143(2)Section 143(3)Section 153A

…unsigned documents and not supported by any corroborative material. Further the beneficiaries are not examined or cross- examined. At this point, it is appropriate to rely on the judgment of the Mumbai Bench in the case of ACIT v. Layers Exports P. Ltd [2017] 53 ITR (Trib) 416 (Mumbai), wherein it was held that no addition could be simply made on the basis of uncorroborated notings in the loose papers found during the search because addition on account of alleged receipt made simply on the basis of uncorroborated noting and scribbling on loose sheets made by some person have no evidentiary value and is unsustaina…

Assistant Commissioner of Income Tax Central Circle-2(3), Bangalore vs. M/S Venkatesha Education Society, Bangalore

In the result all the appeals of revenue, viz

ITA 56/BANG/2018[2014-15]Status: DisposedITAT Bangalore30 Mar 2022AY 2014-15

Bench: Shri George George K. & Shri B.R. Baskaranita Nos.50 To 56 & 455/Bang/2018 Assessment Years : 2008-09 To 2014-15 & 2013-14 Respectively

For Appellant: Shri Sumer Singh Meena, D.RFor Respondent: Shri Vijay Mehta, A.R
Section 11Section 12ASection 132

…h any other credible ITA Nos.50 to 56 & 455/Bang/2018 M/s. Venkatesha Education Society, Bangalore Page 28 of 42 evidence. In this regard, we may refer to the decision rendered by Mumbai bench of Tribunal in the case of ACIT vs. Layers Exports P Ltd (2017) (53 ITR (Trib) 416), wherein it was held that no addition could simply be made on the basis of uncorroborated noting made in the loose papers found during the course of search. 18.6 We noticed earlier that the AO has also scanned the document (A/MVJMCRH/1, Pg 99 and 100) in the assessment order and it contains two pages of noting or scribbling. We notice tha…

Assistant Commissioner of Income Tax Central Circle-2(3), Bangalore vs. M/S Venkatesha Education Society, Bangalore

In the result all the appeals of revenue, viz

ITA 55/BANG/2018[2013-14]Status: DisposedITAT Bangalore30 Mar 2022AY 2013-14

Bench: Shri George George K. & Shri B.R. Baskaranita Nos.50 To 56 & 455/Bang/2018 Assessment Years : 2008-09 To 2014-15 & 2013-14 Respectively

For Appellant: Shri Sumer Singh Meena, D.RFor Respondent: Shri Vijay Mehta, A.R
Section 11Section 12ASection 132

…h any other credible ITA Nos.50 to 56 & 455/Bang/2018 M/s. Venkatesha Education Society, Bangalore Page 28 of 42 evidence. In this regard, we may refer to the decision rendered by Mumbai bench of Tribunal in the case of ACIT vs. Layers Exports P Ltd (2017) (53 ITR (Trib) 416), wherein it was held that no addition could simply be made on the basis of uncorroborated noting made in the loose papers found during the course of search. 18.6 We noticed earlier that the AO has also scanned the document (A/MVJMCRH/1, Pg 99 and 100) in the assessment order and it contains two pages of noting or scribbling. We notice tha…

Assistant Commissioner of Income Tax Central Circle-2(3), Bangalore vs. M/S Venkatesha Education Society, Bangalore

In the result all the appeals of revenue, viz

ITA 54/BANG/2018[2012-13]Status: DisposedITAT Bangalore30 Mar 2022AY 2012-13

Bench: Shri George George K. & Shri B.R. Baskaranita Nos.50 To 56 & 455/Bang/2018 Assessment Years : 2008-09 To 2014-15 & 2013-14 Respectively

For Appellant: Shri Sumer Singh Meena, D.RFor Respondent: Shri Vijay Mehta, A.R
Section 11Section 12ASection 132

…h any other credible ITA Nos.50 to 56 & 455/Bang/2018 M/s. Venkatesha Education Society, Bangalore Page 28 of 42 evidence. In this regard, we may refer to the decision rendered by Mumbai bench of Tribunal in the case of ACIT vs. Layers Exports P Ltd (2017) (53 ITR (Trib) 416), wherein it was held that no addition could simply be made on the basis of uncorroborated noting made in the loose papers found during the course of search. 18.6 We noticed earlier that the AO has also scanned the document (A/MVJMCRH/1, Pg 99 and 100) in the assessment order and it contains two pages of noting or scribbling. We notice tha…

Assistant Commissioner of Income Tax Central Circle-2(3), Bangalore vs. M/S Venkatesha Education Society, Bangalore

In the result all the appeals of revenue, viz

ITA 53/BANG/2018[2011-12]Status: DisposedITAT Bangalore30 Mar 2022AY 2011-12

Bench: Shri George George K. & Shri B.R. Baskaranita Nos.50 To 56 & 455/Bang/2018 Assessment Years : 2008-09 To 2014-15 & 2013-14 Respectively

For Appellant: Shri Sumer Singh Meena, D.RFor Respondent: Shri Vijay Mehta, A.R
Section 11Section 12ASection 132

…h any other credible ITA Nos.50 to 56 & 455/Bang/2018 M/s. Venkatesha Education Society, Bangalore Page 28 of 42 evidence. In this regard, we may refer to the decision rendered by Mumbai bench of Tribunal in the case of ACIT vs. Layers Exports P Ltd (2017) (53 ITR (Trib) 416), wherein it was held that no addition could simply be made on the basis of uncorroborated noting made in the loose papers found during the course of search. 18.6 We noticed earlier that the AO has also scanned the document (A/MVJMCRH/1, Pg 99 and 100) in the assessment order and it contains two pages of noting or scribbling. We notice tha…

Assistant Commissioner of Income Tax Central Circle-2(3), Bangalore vs. M/S Venkatesha Education Society, Bangalore

In the result all the appeals of revenue, viz

ITA 52/BANG/2018[2010-11]Status: DisposedITAT Bangalore30 Mar 2022AY 2010-11

Bench: Shri George George K. & Shri B.R. Baskaranita Nos.50 To 56 & 455/Bang/2018 Assessment Years : 2008-09 To 2014-15 & 2013-14 Respectively

For Appellant: Shri Sumer Singh Meena, D.RFor Respondent: Shri Vijay Mehta, A.R
Section 11Section 12ASection 132

…h any other credible ITA Nos.50 to 56 & 455/Bang/2018 M/s. Venkatesha Education Society, Bangalore Page 28 of 42 evidence. In this regard, we may refer to the decision rendered by Mumbai bench of Tribunal in the case of ACIT vs. Layers Exports P Ltd (2017) (53 ITR (Trib) 416), wherein it was held that no addition could simply be made on the basis of uncorroborated noting made in the loose papers found during the course of search. 18.6 We noticed earlier that the AO has also scanned the document (A/MVJMCRH/1, Pg 99 and 100) in the assessment order and it contains two pages of noting or scribbling. We notice tha…

Assistant Commissioner of Income Tax Central Circle-2(3), Bangalore vs. M/S Venkatesha Education Society, Bangalore

In the result all the appeals of revenue, viz

ITA 51/BANG/2018[2009-10]Status: DisposedITAT Bangalore30 Mar 2022AY 2009-10

Bench: Shri George George K. & Shri B.R. Baskaranita Nos.50 To 56 & 455/Bang/2018 Assessment Years : 2008-09 To 2014-15 & 2013-14 Respectively

For Appellant: Shri Sumer Singh Meena, D.RFor Respondent: Shri Vijay Mehta, A.R
Section 11Section 12ASection 132

…h any other credible ITA Nos.50 to 56 & 455/Bang/2018 M/s. Venkatesha Education Society, Bangalore Page 28 of 42 evidence. In this regard, we may refer to the decision rendered by Mumbai bench of Tribunal in the case of ACIT vs. Layers Exports P Ltd (2017) (53 ITR (Trib) 416), wherein it was held that no addition could simply be made on the basis of uncorroborated noting made in the loose papers found during the course of search. 18.6 We noticed earlier that the AO has also scanned the document (A/MVJMCRH/1, Pg 99 and 100) in the assessment order and it contains two pages of noting or scribbling. We notice tha…

Assistant Commissioner of Income Tax Central Circle-2(3), Bangalore vs. M/S Venkatesha Education Society, Bangalore

In the result all the appeals of revenue, viz

ITA 50/BANG/2018[2008-09]Status: DisposedITAT Bangalore30 Mar 2022AY 2008-09

Bench: Shri George George K. & Shri B.R. Baskaranita Nos.50 To 56 & 455/Bang/2018 Assessment Years : 2008-09 To 2014-15 & 2013-14 Respectively

For Appellant: Shri Sumer Singh Meena, D.RFor Respondent: Shri Vijay Mehta, A.R
Section 11Section 12ASection 132

…h any other credible ITA Nos.50 to 56 & 455/Bang/2018 M/s. Venkatesha Education Society, Bangalore Page 28 of 42 evidence. In this regard, we may refer to the decision rendered by Mumbai bench of Tribunal in the case of ACIT vs. Layers Exports P Ltd (2017) (53 ITR (Trib) 416), wherein it was held that no addition could simply be made on the basis of uncorroborated noting made in the loose papers found during the course of search. 18.6 We noticed earlier that the AO has also scanned the document (A/MVJMCRH/1, Pg 99 and 100) in the assessment order and it contains two pages of noting or scribbling. We notice tha…

Assistant Commissioner of Income-Tax, Central Circle-2(3), Bangalore vs. M/S. Venkatesha Education, Bengaluru

In the result all the appeals of revenue, viz

ITA 455/BANG/2018[2013-14]Status: DisposedITAT Bangalore30 Mar 2022AY 2013-14

Bench: Shri George George K. & Shri B.R. Baskaranita Nos.50 To 56 & 455/Bang/2018 Assessment Years : 2008-09 To 2014-15 & 2013-14 Respectively

For Appellant: Shri Sumer Singh Meena, D.RFor Respondent: Shri Vijay Mehta, A.R
Section 11Section 12ASection 132

…h any other credible ITA Nos.50 to 56 & 455/Bang/2018 M/s. Venkatesha Education Society, Bangalore Page 28 of 42 evidence. In this regard, we may refer to the decision rendered by Mumbai bench of Tribunal in the case of ACIT vs. Layers Exports P Ltd (2017) (53 ITR (Trib) 416), wherein it was held that no addition could simply be made on the basis of uncorroborated noting made in the loose papers found during the course of search. 18.6 We noticed earlier that the AO has also scanned the document (A/MVJMCRH/1, Pg 99 and 100) in the assessment order and it contains two pages of noting or scribbling. We notice tha…

Shri.B.H.Basha, Bangalore vs. Deputy Commissioner of Income Tax, Bangalore

In the result, all the appeals filed by the assessee are partly allowed

ITA 1375/BANG/2016[2008-09]Status: DisposedITAT Bangalore28 Oct 2021AY 2008-09

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri B.S Balachandra, AdvocateFor Respondent: Shri Roumvan Paite, CIT(DR)
Section 131Section 132Section 153ASection 69Section 69A

…to disregard such statement. In the present case, the seized material did not contain the name of the assessee or signature of any person, they are merely unsubstantiated loose sheet as held by Tribunal in the case of ACIT Vs. Layers Exports Private Limited, 53 ITR (Trib) 416 (Mum), wherein, held that addition cannot be sustained merely on the basis of rough noting made in loose sheets, unless AO brings on records some independent and corroborative material to prove irrefutably that the said noting revealed unaccounted income or unaccounted investments or unaccounted expenditure of the assessee. The very ITA No…

M/S. Sri Devaraj Urs Educational Trust for Backward Classes (Regd), Kolar vs. Assistant Commissioner of Income Tax, Central Circle- 1(4), Bangalore

ITA 506/BANG/2020[2016-17]Status: DisposedITAT Bangalore16 Aug 2021AY 2016-17

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri S. Ramasubramaniam, CAFor Respondent: Shri Muzaffar Hussain, CIT(DR)(ITAT), Bengaluru
Section 11Section 11(1)(a)Section 12ASection 132Section 143(1)Section 153ASection 37

…TA Nos.500 TO 506/Bang/2020 Page 20 of 183 signatures of the handwriting of the author thereof is to set at nought, the well-recognised rule that hearsay evidence cannot be admitted. 35. He submitted that the Tribunal in ACIT v. Layers Exports P. Ltd [2017] 53 ITR (Trib) 416 (Mumbai) held as under:- “33. In entirety of the matter, we are of the view that an addition in assessments carried out pursuant to search action u/s 132 of the Act has to be related to cogent and positive materials found during search which prove conclusively that the assessee has either earned an income or made an investment which has not…

M/S. Sri Devaraj Urs Educational Trust for Backward Classes (Regd), Kolar vs. Assistant Commissioner of Income Tax, Central Circle- 1(4), Bangalore

ITA 505/BANG/2020[2015-16]Status: DisposedITAT Bangalore16 Aug 2021AY 2015-16

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri S. Ramasubramaniam, CAFor Respondent: Shri Muzaffar Hussain, CIT(DR)(ITAT), Bengaluru
Section 11Section 11(1)(a)Section 12ASection 132Section 143(1)Section 153ASection 37

…TA Nos.500 TO 506/Bang/2020 Page 20 of 183 signatures of the handwriting of the author thereof is to set at nought, the well-recognised rule that hearsay evidence cannot be admitted. 35. He submitted that the Tribunal in ACIT v. Layers Exports P. Ltd [2017] 53 ITR (Trib) 416 (Mumbai) held as under:- “33. In entirety of the matter, we are of the view that an addition in assessments carried out pursuant to search action u/s 132 of the Act has to be related to cogent and positive materials found during search which prove conclusively that the assessee has either earned an income or made an investment which has not…

M/S. Sri Devaraj Urs Educational Trust for Backward Classes (Regd), Kolar vs. Assistant Commissioner of Income Tax, Central Circle- 1(4), Bangalore

ITA 504/BANG/2020[2014-15]Status: DisposedITAT Bangalore16 Aug 2021AY 2014-15

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri S. Ramasubramaniam, CAFor Respondent: Shri Muzaffar Hussain, CIT(DR)(ITAT), Bengaluru
Section 11Section 11(1)(a)Section 12ASection 132Section 143(1)Section 153ASection 37

…TA Nos.500 TO 506/Bang/2020 Page 20 of 183 signatures of the handwriting of the author thereof is to set at nought, the well-recognised rule that hearsay evidence cannot be admitted. 35. He submitted that the Tribunal in ACIT v. Layers Exports P. Ltd [2017] 53 ITR (Trib) 416 (Mumbai) held as under:- “33. In entirety of the matter, we are of the view that an addition in assessments carried out pursuant to search action u/s 132 of the Act has to be related to cogent and positive materials found during search which prove conclusively that the assessee has either earned an income or made an investment which has not…

M/S. Sri Devaraj Urs Educational Trust for Backward Classes (Regd), Kolar vs. Assistant Commissioner of Income Tax, Central Circle- 1(4), Bangalore

ITA 503/BANG/2020[2013-14]Status: DisposedITAT Bangalore16 Aug 2021AY 2013-14

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri S. Ramasubramaniam, CAFor Respondent: Shri Muzaffar Hussain, CIT(DR)(ITAT), Bengaluru
Section 11Section 11(1)(a)Section 12ASection 132Section 143(1)Section 153ASection 37

…TA Nos.500 TO 506/Bang/2020 Page 20 of 183 signatures of the handwriting of the author thereof is to set at nought, the well-recognised rule that hearsay evidence cannot be admitted. 35. He submitted that the Tribunal in ACIT v. Layers Exports P. Ltd [2017] 53 ITR (Trib) 416 (Mumbai) held as under:- “33. In entirety of the matter, we are of the view that an addition in assessments carried out pursuant to search action u/s 132 of the Act has to be related to cogent and positive materials found during search which prove conclusively that the assessee has either earned an income or made an investment which has not…