Bannalal Jat Constructions (P) Ltd. v. ACIT

106 Taxmann.com 128Supreme Court of India2019#519 most cited

What is Bannalal Jat Constructions (P) Ltd. v. ACIT authority for?

An addition based on a statement made by an assessee's director during search proceedings is upheld unless the assessee discharges the burden to prove the admission was wrong or extracted under duress and coercion.

183

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2019 to 2026.

Also referred to as

Bannalal Jat Constructions P Ltd v ACIT · Section 132(4) statement · admission during search proceedings · retraction of statement · duress or coercion · burden of proof for retraction · search assessment additions · incriminating material · Supreme Court decision

Issues it is cited on

Judgments citing Bannalal Jat Constructions (P) Ltd. v. ACIT

ACIT, Central Circle-2(2), Hyderabad vs. Devender Rao Gorukanti, Hyderabad

In the result, the appeal filed by the revenue is dismissed

ITA 439/HYD/2022[2021-2022]Status: DisposedITAT Hyderabad31 May 2023AY 2021-2022

Bench: Shri Rama Kanta Panda & Shri Laliet Kumarassessment Year: 2021-22 Acit,Cc-2(2) Vs Devender Rao Gourkanti Room No.616,6Th Floor . H.No.8-2-293/82/Nl/231 Aaykar Bhawan Mla Mp Colony Basheerbagh Jubilee Hills Hyderabad-500 004 Hyderabad-500 033 Pan : Akepg7452N (Appellant) (Respondent) Assessee By: Shri H.Srinivasulu Revenue By: Shri K.P.R.R.Murthy, Sr.Ar Date Of Hearing: 20.03.2023 Date Of Pronouncement: 31.05.2023 O R D E R Per Shri Rama Kanta Panda (A.M.): This Appeal Filed By The Assessee Is Directed Against The Order Dated 16.06.2022 Of The Learned Commissioner Of Income Tax (Appeals)-12, Hyderabad Relating To Ay 2021-22. 2. Facts Of The Case, In Brief, Are That The Assessee Is An Individual & Partner In M/S. Yashoda Helathcare Services Pvt.Ltd & Derives Partner’S Remuneration & Interest On Capital. He Filed His Original Return Of Income On 28.12.2021 Declaring Total Income Of Rs.8,56,33,070/- A Search & Seizure Operation U/S. 132 Of The I.T. Act Was Conducted In The Case Of Yashoda Group On 22.12.2020, During Which The Case Of The Assessee Was Also Covered. In Response To Notice U/S. 153A Of The I.T.Act,The Assessee Filed His Return Of Income Admitting Additional

For Appellant: Shri H.SrinivasuluFor Respondent: Shri K.P.R.R.Murthy, Sr.AR
Section 115BSection 132Section 132(4)Section 153ASection 34

…IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad ‘A’ Bench, Hyderabad Before Shri Rama Kanta Panda, Accountant Member AND Shri Laliet Kumar, Judicial Member Assessment Year: 2021-22 ACIT,CC-2(2) Vs Devender Rao Gourkanti Room No.616,6th Floor . H.No.8-2-293/82/NL/231 Aaykar Bhawan MLA MP Colony Basheerbagh Jubilee Hills Hyderabad-500 004 Hyderabad-500 033 PAN : AKEPG7452N (Appellant) (Respondent) Assessee by: Shri H.Srinivasulu Revenue by: Shri K.P.R.R.Murthy, Sr.AR Date of hearing: 20.03.2023 Date of pronouncement: 31.05.2023 O R D E R Per Shri Rama Kanta Panda (A.M.): This appeal filed by the assessee is direc…