Baladin Ram v. CIT

71 ITR 427Supreme Court of India1969#2523 most cited

What is Baladin Ram v. CIT authority for?

For an addition under Section 68, there must be a credit entry in the assessee's "books of accounts". A bank passbook is not considered the assessee's books of accounts for this purpose.

46

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2015 to 2025.

Also referred to as

Baladin Ram v. CIT · Section 68 · cash credit · books of accounts · bank passbook · unexplained cash credit · precondition for Section 68 · no books of accounts · 71 ITR 427 · assessee's books

Sections most often in play

Section 68Section 115BBESection 144Section 147Section 69ASection 131Section 143(3)Section 148
Read the full judgment

Issues it is cited on

section 127(2)(a)section 2(12a)section 106section 66section 127(2)section 114income tax settlement commissionaddition under section 68section 57(iii)section 158bbsection 144apreponderance of probability

Judgments citing Baladin Ram v. CIT

A.Srinivasa Rao, Visakhapatnam vs. The Income Tax Officer, Ward-1(4), Visakhapatnam

In the result appeal of the assessee is allowed

ITA 518/VIZ/2018[2009-10]Status: DisposedITAT Visakhapatnam23 Sept 2021AY 2009-10

Bench: Shri N.K.Choudhry, Hon’Ble & Shri D.S. Sunder Singh, Hon’Bleआयकर अपील सं./I.T.A.No.518/Viz/2018 (निर्धारण वर्ा/Assessment Year:2009-10) Sri A.Srinivasa Rao Vs. Income Tax Officer D.No.48-13-20/1, F.No.Sf2 Ward-1(4) Sri Krishna Sai Residency Visakhapatnam Janaki Rama Street Visakhapatnam [Pan :Adhpa2185Q] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

For Appellant: Shri C.Subrahmanyam, ARFor Respondent: Shri B.Rama Krishna, DR
Section 143(3)Section 68

…action u/s 68 of the Act, no such addition is tenable." 17. In the case of Baladin Ram VS. CIT [1969] 7 ITR 427, the Hon’ble Supreme Court has held as under: 6 ITA No.518/Viz/2018, A.Y.2009-10 A.Srinivasa Rao, Visakhapatnam "4. In Baladin Ram v. CIT [1969] 71 ITR 427, it has been held by the Supreme Court that it is now well settled that the only possible way In which income from an undisclosed source can be assessed or reassessed is to make the assessment on the basis that the previous year for such an income would be the ordinary financial year. Even under the provisions embodied in s. 68 of the said Act, it…

Smt Kushalappa Savitri, Bangalore vs. The Assistant Commissioner of Income Tax Circle-6(3)(1), Bangalore

In the result, the appeal by the assessee is allowed

ITA 2236/BANG/2018[2013-14]Status: DisposedITAT Bangalore22 Sept 2021AY 2013-14

Bench: Shri Chandra Poojari & Shri George George K.Assessment Year : 2013-14

For Appellant: Shri H. Guruswamy, ITPFor Respondent: Shri Kannan Narayanan, Jt.CIT(DR)(ITAT)
Section 154Section 68

…sers and the Appellant's husband who has received the advance sale consideration which was paid to the assessee Page 10 of 17 and the same was served as a part of Cash Deposit. He relied on the following judgments:- CIT v. Orissa Corporation Pvt. Ltd. (1986) 71 ITR 427 (SC) Baladin Ram v. CIT (1969) 71 ITR 427 (SC) Smt. Manjushree v. ITO in ITA No.374/Bang/2017 dated 28.4.2017. Subbaiah Ramanathan v. ITO in ITA No.2314/Mds/2013 dated 19.6.2015 23. The ld. DR relied on the orders of the lower authorities. 24. We have heard both the parties and perused the material on record. The assessee has produced sale agree…

Sri Sukhamaya Das, Bhubaneswar vs. DCIT, Circle-3(1), Bhubaneswar

In the result, appeal of the assessee is partly allowed

ITA 232/CTK/2020[2013-14]Status: DisposedITAT Cuttack14 Jun 2021AY 2013-14

Bench: Shri Shri Chandra Mohan Garg, Judicialassessment Year : 2013-14 Sri Sukhmaya Das, Sri Sukhmaya Das, At-N/3/69, Vs. Dcit, Circle -3(1), 3(1), Irc Irc Village, Village, Nayapalli, Nayapalli, Bhubaneswar. Bhubaneswar Pan/Gir No. Aeppd 2993 A Aeppd 2993 A (Appellant) (Appellant .. ( Respondent Respondent) Assessee By : Shri J.M.Pattnaik, Ar , Ar Revenue By : Shri S.C. Mohanty, Dr Dr Date Of Hearing : 28/05/ 2021 1 Date Of Pronouncement : 14 /06/20 /2021 O R D E R

For Appellant: Shri J.M.Pattnaik, ARFor Respondent: Shri S.C. Mohanty, DR
Section 68Section 80C

…- made by the AO and confirmed by the ld CIT(A) is illegal and non-application of mind. 9. Ld A.R. further submitted that in this case section 68 of the Act is not attracted at all. He relied on the following judicial pronouncements: i) Baladin Ram, vs CIT, 71 ITR 427 (SC) ii) Anandram Raitani vs CIT, 223 ITR 544 (Gau) iii) Smt. Madhu Raitani vs ACIT, 45 SOT 231 (Gau)™ iv) Smt. Manasi Mahendra Pitkar vs ITO, 73 Taxman.com 68. v) Mehul vs Vyas vs ITO, 80 Taxman.com 311 vi) Amitabh Bansal vs ITO, 175 ITD 401 (Del) vii) CIT vs Bhaichand H Gandhi, (1983) 53 company cases 400 (Bom) 10. Ld DR submitted that the asses…

Shri. Palimar Gopal Shetty, Mumbai vs. ITO 26 (2)(4), Mumbai

In the result, appeal by the assessee stands allowed

ITA 7335/MUM/2019[2011-12]Status: DisposedITAT Mumbai26 Aug 2020AY 2011-12

Bench: Shri Shamim Yahya & Shri Amarjit Singhassessment Year: 2011-2012

For Appellant: NoneFor Respondent: Shri Amit Pratap Singh
Section 147Section 69B

…source thereof or the explanation offered by him is not, in the opinion of the Income- tax Officer, satisfactory, the sum so credited may be charged to income-tax as the income of the assessee of that previous year." In the case of Baladin Ram v. CIT [1969] 71 ITR 427, it has been held by the Supreme Court that it is now well settled that the only possible way in which income from an undisclosed source can be assessed or reassessed is to make the assessment on the basis that the previous year for such an income would be the ordinary financial year. Even under the provisions embodied in section 68 of the said Ac…

Shri Rajesh Chachwani, Jaipur vs. Income Tax Officer, Ward-6-4, Jaipur

In the result, the appeal of the assessee is dismissed

ITA 628/JPR/2018[2008-09]Status: DisposedITAT Jaipur29 Oct 2019AY 2008-09
For Appellant: Shri S.L. Poddar (Advocate)For Respondent: Smt. Runi Pal (JCIT)
Section 115BSection 139(1)Section 147Section 148Section 56Section 68

…he Act. Once the assessee has surrendered the income as income from other sources, then the same cannot be treated as unexplained cash credit under section 68 of the Act. He has relied upon the decision of Hon’ble Supreme Court in case of Baladi Ram vs. CIT, 71 ITR 427 (SC) and submitted that for attracting the provisions of section 68 the assessee must maintain books of account for the relevant previous year and cash credit entries appear in such books of account. When the assessee did not maintain any books of account and no entry was made regarding the introduction of cash, then the provisions of section 6…

Bhopsingh Mangalsingh Sebta, Mumbai vs. ITO 14(1)(1), Mumbai

In the result, this appeal of assessee is partly allowed

ITA 7466/MUM/2013[2009-10]Status: DisposedITAT Mumbai09 Jul 2019AY 2009-10

Bench: Shri Mahavir Singh & Shri Rajesh Kumar

For Appellant: Shri Sashi Tulsiyan, ARFor Respondent: Shri Rajat Mittal, DR
Section 44ASection 68

…the contentions of Ld.AR that the addition u/s.68 of the Act cannot be made when the assessee is not maintaining any books of account and the sum is not credited in the books of assessee. The assessee relied on a couple of decisions viz., Baladin Ram Vs. CIT [71 ITR 427], CIT Vs. Bhichand Gandhi [141 ITR 0067] (Bom) and Ms. Mayawati Vs. DCIT [19 SOT 460] (Bom). We are fully in agreement with the arguments of Ld.AR, the amounts were not credited in the books of account of assessee, the same cannot be added u/s.68 of the Act. Section 68 of the Act contemplates that any sum of money, which is found to be credited in…

Sh. Surinder Kumar Sanpal, New Delhi vs. ITO, New Delhi

In the result Ground no 3 of the appeal is partly allowed

ITA 3362/DEL/2014[2007-08]Status: DisposedITAT Delhi15 May 2019AY 2007-08

Bench: Shri Prashant Maharishi & Shri K.N.Charysurinder Kumar Sanpal, Vs. Ito, A-250, New Subzi Mandi, Ward-19(4), Azadpur, New Delhi New Delhi Pan: Abbps5068C (Appellant) (Respondent)

For Appellant: Shri Akash Garg, CAFor Respondent: Shri N. K. Bansal, Sr. DR
Section 143(3)

…of section 68 applies. The Hon Bombay High court in that case relied up on the decision of Honourable Supreme court in Sudhir Kumar Sharma (HUF) v. CIT [2016] 69 taxmann.com 219/239 Taxman 264 (SC) after referring decision s such as Baladin Ram v. CIT [1969] 71 ITR 427 (SC) (para 7), CIT v. Bhaichand N. Gandhi [1983] 141 ITR 67/[1982] 11 Taxman 59 (Bom.) (para 7), Anand Ram Raitani v. CIT [1997] 223 ITR 544 (Gau.) (para 7), CIT v. Smt. Usha Jain [1990] 182 ITR 487/52 Taxman 12 (Delhi) (para 7), CIT v. Taj Borewells [2007] 291 ITR 232 (Mad.) (para 8), Sudhir Kumar Sharma (HUF) v. CIT [2014] 224 Taxman 178/46 taxm…

DCIT 6(2)(2), Mumbai vs. Edesk Services Ltd, Mumbai

ITA 7113/MUM/2016[2012-13]Status: DisposedITAT Mumbai02 May 2019AY 2012-13

Bench: Shri Mahavir Singh & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.7113/Mum/2016 (नििाारण वर्ा / Assessment Year: 2012-13) बिाम/ Dcit 6(2)(2) M/S. Edesk Services Ltd. R.No. 563, Aayakar Bhavan, 6-A, Lalwani Indl. Estate M.K Road, Churchgate, 14, G.D. Ambekar Road, V. Mumbai 400020 Wadala, Mumbai 400031 स्थायी ऱेखा सं./ Pan : Aabcb5087H

For Appellant: Shri. Jayesh DadiaFor Respondent: Shri. O.P Meena (DR)
Section 143(3)Section 68

…order of the Assessing Officer from the Commissioner of Income-tax (Appeals). Thus, the contention of the assessee was rejected. 3. Learned counsel, appearing for the assessee placing reliance on the decision of the Supreme Court in Baladin Ram v. CIT [1969] 71 ITR 427 and the decisions of the Bombay and Allahabad High Courts in CIT v. Bhaichand H. Gandhi [1983] 141 ITR 67 1 and Sundar Lal Jain v. CIT [1979] 117 ITR 316, respectively, contended, that section 68 of the Act can be invoked only, when, the books of account of the assessee show the cash entry and not otherwise. 4. We are afraid, such a narrow and re…

Shri Om Prakash Patidar (HUF), Indore vs. The ITO 2(4), Indore

In the result, appeal of the assessee is partly allowed

ITA 220/IND/2017[2013-14]Status: DisposedITAT Indore03 Jan 2019AY 2013-14

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2013-14

Section 131(1)Section 143(3)

…[ITA No.220/Ind/2017] [Shri Om Prakash Patidar (HUF), Indore] आयकर अपील"य अ"धकरण, इ"दौर "यायपीठ, इ"दौर IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER AND SHRI MANISH BORAD, ACCOUNTANT MEMBER Assessment Year: 2013-14 Shri Om Prakash Patidar (HUF), ITO-2(4), Station Road Rau, Indore Indore बनाम/ (Appellant) (Revenue ) Vs. P.A. No.AAAHO5903J Appellant by Shri Ashish Goyal & Shri N.D. Patwa, A.Rs Respondent by Shri Rajiv Jain, D.R. Date of Hearing: 27.12.2018 Date of Pronouncement: 03.01.2019 आदेश / O R D E R PER KUL BHARAT, J.M: This appeal by the assessee is…

Babbal Bhatia, New Delhi vs. ITO, Ward- 45(2), New Delhi

In the result, the appeals of the assessee in ITA Nos

ITA 5432/DEL/2017[2012-13]Status: DisposedITAT Delhi08 Jun 2018AY 2012-13

Bench: Shri N.K. Billaiya & Shri N.K. Choudhry

For Appellant: Shri Vijay Wadhwa, CAFor Respondent: Shri Ravi Kant Gupta, Sr. DR
Section 147Section 148Section 44ASection 68

…assessee, in the absence of any corroborative evidence to support action u/s 68 of the Act, no such addition is tenable.” 17. In the case of Baladin Ram Vs. CIT [1969] 7 ITR 427, the Hon'ble Supreme Court has held as under: “4. In Baladin Ram v. CIT [1969] 71 ITR 427, it has been held by the Supreme Court that it is now well settled that the only possible way in which income from an undisclosed source can be assessed or reassessed is to make the assessment on the basis that the previous year for such an income would be the ordinary financial year. Even under the provisions embodied in s. 68 of the said Act, it…

Babbal Bhatia, New Delhi vs. ITO, Ward- 45(2), New Delhi

In the result, the appeals of the assessee in ITA Nos

ITA 5431/DEL/2017[2011-12]Status: DisposedITAT Delhi08 Jun 2018AY 2011-12

Bench: Shri N.K. Billaiya & Shri N.K. Choudhry

For Appellant: Shri Vijay Wadhwa, CAFor Respondent: Shri Ravi Kant Gupta, Sr. DR
Section 147Section 148Section 44ASection 68

…assessee, in the absence of any corroborative evidence to support action u/s 68 of the Act, no such addition is tenable.” 17. In the case of Baladin Ram Vs. CIT [1969] 7 ITR 427, the Hon'ble Supreme Court has held as under: “4. In Baladin Ram v. CIT [1969] 71 ITR 427, it has been held by the Supreme Court that it is now well settled that the only possible way in which income from an undisclosed source can be assessed or reassessed is to make the assessment on the basis that the previous year for such an income would be the ordinary financial year. Even under the provisions embodied in s. 68 of the said Act, it…

Babbal Bhatia, New Delhi vs. ITO, Ward- 45(2), New Delhi

In the result, the appeals of the assessee in ITA Nos

ITA 5430/DEL/2017[2010-11]Status: DisposedITAT Delhi08 Jun 2018AY 2010-11

Bench: Shri N.K. Billaiya & Shri N.K. Choudhry

For Appellant: Shri Vijay Wadhwa, CAFor Respondent: Shri Ravi Kant Gupta, Sr. DR
Section 147Section 148Section 44ASection 68

…assessee, in the absence of any corroborative evidence to support action u/s 68 of the Act, no such addition is tenable.” 17. In the case of Baladin Ram Vs. CIT [1969] 7 ITR 427, the Hon'ble Supreme Court has held as under: “4. In Baladin Ram v. CIT [1969] 71 ITR 427, it has been held by the Supreme Court that it is now well settled that the only possible way in which income from an undisclosed source can be assessed or reassessed is to make the assessment on the basis that the previous year for such an income would be the ordinary financial year. Even under the provisions embodied in s. 68 of the said Act, it…

Danveer Singh, Noida vs. ITO, Ward- 1(1), Ghaziabad

In the result, the appeal of the assessee is allowed

ITA 4036/DEL/2017[2008-09]Status: DisposedITAT Delhi14 Dec 2017AY 2008-09

Bench: Shri B.P. Jain

For Appellant: Dr. Rakesh Gupta, AdvFor Respondent: Shri Atiq Ahmed Sr. DR
Section 144Section 147Section 148Section 68

…by the bank to the assessee could not be regarded as book of the assessee, that is, a book maintained by the assessee or under his instruction. The relevant observations of the Hon'ble Bombay High Court are extracted hereunder:- "In Baladin Ram v. CIT 119691 71 ITR 427, it has been held by the Supreme Court that it is now well settled that the only possible way in which income from an undisclosed source can be assessed or reassessed is to make the assessment on the basis that the previous year for such an income would be the ordinary financial year. Even under the provisions embodied in s. 68 of the said Act it…

ITO, New Delhi vs. M/S Ganpati Hydro Power Pvt. Ltd., New Delhi

In the result the ground No

ITA 5629/DEL/2012[2009-10]Status: DisposedITAT Delhi30 Nov 2017AY 2009-10

Bench: : Shri H.S. Sidhu & Shri L.P. Sahu

Section 143(2)

…be invoked only when books of accounts show cash entry and not otherwise. Paras 3 and 4 of the judgment are reproduced below : "3. Learned counsel, appearing for the assessee placing reliance on the decision of the Supreme Court in Baladin Ram v. CIT (1969) 71 ITR 427 and the decisions of the Bombay and Allahabad High Courts in CIT v. Bhaichand H. Gandhi [1983] 141 ITR 671 and Sundar Lal Jain v. CIT [1979] 117 ITR 316, respectively, contended, that section 68 of the Act can be invoked only, when, the books of account of the assessee show the cash entry and not otherwise. 4. We are afraid, such a narrow and res…

Smt.Manjushree, Bangalore vs. Income Tax Officer, Bangalore

In the result, appeal of the Revenue and Cross Objection of the assessee are dismissed

ITA 374/BANG/2017[2011-12]Status: DisposedITAT Bangalore28 Apr 2017AY 2011-12

Bench: Shri Vijay Pal Rao

For Appellant: Shri P. Dinesh, AdvocateFor Respondent: Shri AR.V.Sreenivasan, JCIT (D.R)
Section 68

…by the bank to the assessee could not be regarded as book of the assessee, that is, a book maintained by the assessee or under his instruction. The relevant observations of the Hon'ble Bombay High Court are extracted hereunder:- "In Baladin Ram v. CIT [1969] 71 ITR 427, it has been held by the Supreme Court that it is now well settled that the only possible way in which income from an undisclosed source can be assessed or reassessed is to make the assessment on the basis that the previous year for such an income would be the ordinary financial year. Even under the provisions embodied in s.68 of the said Act it i…

Smt.Asha Surendra Kumar, Bangalore vs. Income Tax Officer, Bangalore

In the result, appeal of the Revenue and Cross Objection of the assessee are dismissed

ITA 343/BANG/2017[2009-2010]Status: DisposedITAT Bangalore28 Apr 2017AY 2009-2010

Bench: Shri Vijay Pal Rao

For Appellant: Shri P. Dinesh, AdvocateFor Respondent: Shri AR.V.Sreenivasan, JCIT (D.R)
Section 254(2)Section 68

…by the bank to the assessee could not be regarded as book of the assessee, that is, a book maintained by the assessee or under his instruction. The relevant observations of the Hon'ble Bombay High Court are extracted hereunder:- "In Baladin Ram v. CIT [1969] 71 ITR 427, it has been held by the Supreme Court that it is now well settled that the only possible way in which income from an undisclosed source can be assessed or reassessed is to make the assessment on the basis that the previous year for such an income would be the ordinary financial year. Even under the provisions embodied in s.68 of the said Act it i…

Yogesh Nigam, Gurgaon vs. ITO, New Delhi

In the result the appeal of the assessee stands allowed

ITA 3399/DEL/2016[2005-06]Status: DisposedITAT Delhi18 Jan 2017AY 2005-06

Bench: Shri J. Sudhakar Reddyay: 2005-06 Sh. Yogesh Nigam Vs. Ito, Ward No.44(1) C 1/682, Civic Centre Zade Home In Zade Garden New Delhi Palam Vihar, Gurgaon Pan: Abjpn 5924 E (Appellant) (Respondent) Appellant By : Sh. Ashwani Kr.Garg, Adv. Respondent By : Sh. F.R.Meena, Sr. D.R. Order

For Appellant: Sh. Ashwani Kr.Garg, AdvFor Respondent: Sh. F.R.Meena, Sr. D.R
Section 271(1)(C)Section 68Section 68dSection 69

…by the bank to the assessee could not be regarded as book of the assessee, that is, a book maintained by the assessee or under his instruction. The relevant observations of the Hon'ble Bombay High Court are extracted hereunder:- "In Baladin Ram v. CIT [1969] 71 ITR 427, it has been held by the Supreme Court that it is now well settled that the only possible way in which income from an undisclosed source can be assessed or reassessed is to make the assessment on the basis that the previous year for such an income would be the ordinary financial year. Even under the provisions embodied in s.68 of the said Act it…

ITO, New Delhi vs. Sh. Madho Prashad Gupta, New Delhi

In the result, the appeal of the Revenue is dismissed

ITA 6695/DEL/2015[2011-12]Status: DisposedITAT Delhi02 Sept 2016AY 2011-12

Bench: Shri H.S. Sidhuassessment Year: 2011-12

For Appellant: Ms. Manju Bhardwaj, CAFor Respondent: Shri FR Meena, Sr. DR
Section 143(2)Section 147Section 68

…part, hence, the same may be upheld and accordingly, the appeal of the Revenue may be dismissed. 4 In support of his contention, he stated that the similar issue has been dealt by the Hon’ble Supreme Court of India in the case of Baladin Ram vs. CIT (1969) 71 ITR 427 (SC) and the ITAT, Lucknow ‘B’ Bench in the case of ITO, Barabanki vs. Kamal Kumar Mishra reported in (2013) 33 taxmann.com 610 (Lucknow – Trib.) and decided the same in favour of the assessee. In this regard, he filed the copies of the aforesaid decisions of the Hon’ble Supreme Court and ITAT, Lucknow Bench and requested to follow the aforesa…

Roopak Jain, Delhi vs. ITO, New Delhi

In the result, the appeal of the assessee is allowed

ITA 5592/DEL/2015[2011-12]Status: DisposedITAT Delhi30 Aug 2016AY 2011-12

Bench: Shri J. Sudhakar Reddyassessment Year : 2011-12

For Appellant: Shri Rajkumar Gupta &For Respondent: Shri Rajesh Kumar, Sr. DR
Section 143(3)Section 68Section 68dSection 69

…by the bank to the assessee could not be regarded as book of the assessee, that is, a book maintained by the assessee or under his instruction. The relevant observations of the Hon'ble Bombay High Court are extracted hereunder:- "In Baladin Ram v. CIT [1969] 71 ITR 427, it has been held by the Supreme Court that it is now well settled that the only possible way in which income from an undisclosed source can be assessed or reassessed is to make the assessment on the basis that the previous year for such an income would be the ordinary financial year. Even under the provisions embodied in s.68 of the said Act it i…

Shri Om Prakash, Rohtak vs. ITO, Rohtak

In the result the appeal of the assessee is allowed

ITA 1325/DEL/2011[2007-08]Status: DisposedITAT Delhi11 Aug 2016AY 2007-08

Bench: Shri J.Sudhakar Reddy, Am & Shri C.M.Garg, J.M.

For Appellant: Sh. Gautam Jain, AdvFor Respondent: Sh. P.Damkanunja, Sr.D.R
Section 68

…by the bank to the assessee could not be regarded as book of the assessee, that is, a book maintained by the assessee or under his instruction. The relevant observations of the Hon'ble Bombay High Court are extracted hereunder:- "In Baladin Ram v. CIT [1969] 71 ITR 427, it has been held by the Supreme Court that it is now well settled that the only possible way in which income from an undisclosed source can be assessed or reassessed is to make the assessment on the basis that the previous year for such an income would be the ordinary financial year. Even under the provisions embodied in s.68 of the said Act it i…