Bhagirath Aggarwal v. CIT

31 Taxmann.com 274High Court2013#704 most cited

What is Bhagirath Aggarwal v. CIT authority for?

An addition to income based on statements recorded during search operations under Section 132(4) is valid, and the assessee bears the burden of proving such statements incorrect to justify their deletion. The Assessing Officer can rely on such statements, a proposition affirmed by the Supreme Court's dismissal of the SLP.

144

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2015 to 2025.

Also referred to as

Bhagirath Aggarwal v. CIT · Section 132(4) · Section 132 · statements recorded during search · evidentiary value of admission · retracted statement · burden of proof on assessee · addition based on statement · search assessment · SLP dismissed

Also reported as

351 ITR 143215 Taxmann 229

Issues it is cited on

Judgments citing Bhagirath Aggarwal v. CIT

Vaghasiya Exports, Mumbai vs. Pr.CIT-32, Mumbai

In the result, the appeal of the assessee is allowed

ITA 2370/MUM/2018[2009-10]Status: DisposedITAT Mumbai28 Sept 2020AY 2009-10

Bench: Shri Mahavir Singh & Shri Rajesh Kumarassessment Year: 2009-10 M/S. Vaghasiya Exports, Pr. Cit-32, C-11, Bharat Diamond Bourse, 2Nd Floor, Ae-2080, Pratyakshakar Bhavan, 2Nd Floor, Vs. Bandra Kurla Compex, Bandra Kurla Compex, Bandra (E), Bandra East, Mumbai Mumbai – 400 051 Pan: Aaafv 2061Q (Appellant) (Respondent) Present For: Assessee By : Shri K. Shivram, A.R. & Shri Rahul Hakani, A.R. Revenue By : Shri Sushil Kumar Poddar, D.R. Date Of Hearing : 21.08.2020 Date Of Pronouncement : 28.09.2020 O R D E R Per Rajesh Kumar: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 28.03.2018 Of The Principal Commissioner Of Income Tax [Hereinafter Referred To As The Pcit Relevant To Assessment Year 2009-10. 2. The Grounds Raised By The Assessee Are As Under: “Order Passed U/S. 263 Is Bad-In-Law & Liable To Be Quashed 1. The Ld. Pr. Cit Erred In Issuing Notice U/S.263 Of The Act Based Upon The Proposal Received From Ito / Jt. Cit & Not By Suo-Moto Examination Of Records & Application Of Mind & Thus, The Revision Proceedings U/S 263 Of The Act Are Carried Out Upon The Directions Of Ito / Jt. Cit Is Contrary To The Provisions Of Sec. 263 Of The Act & Hence, Bad In Law & Liable To Be Quashed.

For Appellant: Shri K. Shivram, A.R. &For Respondent: Shri Sushil Kumar Poddar, D.R
Section 143(3)Section 147Section 148Section 263

…IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH “F”, MUMBAI BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENT AND SHRI RAJESH KUMAR, ACCOUNTANT MEMBER Assessment Year: 2009-10 M/s. Vaghasiya Exports, Pr. CIT-32, C-11, Bharat Diamond Bourse, 2nd Floor, AE-2080, Pratyakshakar Bhavan, 2nd Floor, Vs. Bandra Kurla Compex, Bandra Kurla Compex, Bandra (E), Bandra East, Mumbai Mumbai – 400 051 PAN: AAAFV 2061Q (Appellant) (Respondent) Present for: Assessee by : Shri K. Shivram, A.R. & Shri Rahul Hakani, A.R. Revenue by : Shri Sushil Kumar Poddar, D.R. Date of Hearing : 21.08.2020 Date of Pronouncement : 28.09.2020 O R D E R…