CIT v. Amitbhai Gunvantbhai

129 ITR 573High Court1981#12137 most cited

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

Sections most often in play

Section 142(1)Section 143(2)Section 143(3)Section 145(3)Section 250 Section 44AB

Issues it is cited on

rejection of books of account section 145(3)section 145 section 143(3)total income business

Judgments citing CIT v. Amitbhai Gunvantbhai

MUKESHKUMAR CHANDULAL DALWADI,ANAND vs. THE ACIT, CIRCLE-1(3) NOW CIRCLE-1(1)(1), VADODARA

In the result, the appeal of the assessee is allowed

ITA 529/AHD/2025[2017-18]Status: DisposedITAT Ahmedabad04 Sept 2025AY 2017-18

Bench: S/Shri Sanjay Garg & Makarand V.Mahadeokarasstt.Year : 2017-2018 Mukeshkumar Chandulal Acit, Cir.1(3), Now Dalwadi, Akshar Trading Vs. Cir.1(1)(1), Vadodara. A/66/3, Shastri Gunj Station Road, Petland/Anand Gujarat 388 450. Pan : Ajcpd 6980 H (Applicant) (Responent) : Shri B.T. Thakkar, Ca Assessee By Revenue By : Ms.Urvashi Mandhan, Sr.Dr सुनवाई क" तारीख/Date Of Hearing : 01/09/2025 घोषणा क" तारीख /Date Of Pronouncement: 04/09/2025

For Respondent: Ms.Urvashi Mandhan, Sr.DR

Section 142(1)Section 143(2)Section 143(3)Section 145(3)Section 250

…and closing stock with value and quantity, as also the tax audit report in Form 3CB/3CD. Before CIT(A), the reliance was placed on several judicial precedents including ITO Vs. Abbey Chemicals Pvt. Ltd. (ITA No.2875/Ahd/2004) and CIT vs. Amitbhai Gunwantrai (129 ITR 573) to support the proposition that low profit, in absence of defects in books, could not justify trading addition. 2.6 The CIT(A), however, held that the assessee had failed to substantiate the fall in GP with adequate supporting bills or documentary evidence. It was observed that while GP rate in earlier years was consistently improving (2.52% in…

DCIT, MUZAFFARNAGAR vs. LATE SHRI HAJI MOHD. DILSHAD THROUGH L/H SHRI DILNAWAZ & MRS. MEHRUNISSA, MUZAFFARNAGAR

In the result the appeal of the assessee in ITA 3555/Del/2017 is partly allowed and appeal of the Revenue in ITA 3754/Del/2017 is also partly allowed

ITA 3754/DEL/2017[2013-14]Status: DisposedITAT Delhi27 Feb 2025AY 2013-14

Bench: Ms. Madhumita Roy & Shri Naveen Chandraassessment Year: 2013-14 Late Shri Haji Mohd. Dilshad, Vs Assistant Commissioner Of Through Legal Heir Shri Dilnawaz Income Tax, Circle-1, (Son) & Mrs. Mehrunissa (Spouse) Muzaffarnagar. 800/1, Yogendrapuri, Muzaffarnagar Pan- Ahrpd 5860 D Appellant Respondent & Assessment Year: 2013-14 Assistant Vs Late Shri Haji Mohd. Dilshad, Commissioner Of Through Legal Heir Shri Dilnawaz (Son) Income Tax, Circle-1 & Mrs. Mehrunissa (Spouse) Muzaffarnagar. 800/1, Yogendrapuri, Muzaffarnagar Pan- Ahrpd 5860 D Appellant Respondent

Section 143(3)Section 145Section 145(3)

…ilh 1. State of Kerala, (1970) 76 ITR 365, 367- 8 (Ker.). Also see, Tolaram Duga s CIT, (1966) 59 ITR 632, 635-6 (Assam)). Page 7 of 16 ITA nos. 3555 & 3754/Del/2017 Late Shri Haji Mohd. Dilshad V ACIT Muzaffarnagar ii. CIT Vs. Amitbhar Gunwantbhai, (1981) 129 ITR 573, 580 (Guj.)). iii. Dunichand Dhani Ram Vs. CIT, AIR 1926 Lah 161-2 ITC 183. Also see, George Oummen Vs. C. Ag. LT., (1963) 52 ITR 977 (Cal.)]." iv. CIT Vs A.Raman & Co., (1968) 67 ITR 11, 17(SC). v. Md. Umer Vs.CIT, (1975) 101 ITR 525(Pat.)]. vi. R.B. Jessaram Fatehchand (Sugar Deptt.) Vs. CIT, (1970) 75 ITR 33 (Bom.); vii. M. Durai Raj Vs. CIT,…

THAKORDAS PAREKH & SONS,,NA vs. ARIVS.INCOME TAX OFFICER, WARD-5, NAVSARI

In the result, ground No. 2 & 3

ITA 167/SRT/2022[2017-18]Status: DisposedITAT Surat30 Mar 2023AY 2017-18

Bench: Shri Pawan Singhआ.अ.सं./Ita No.167/Srt/2022 (Ay 2017-18) (Hearing In Physical Court) Thakordas Parekh & Sons Income Tax Officer, Ward-5, Bazar Street, Chikhli, Navsari, 204, 2Nd Floor, Vs Navsari-396530 Income Tax Office, Pan No: Aabft 4593 J Charpool, Awabaug, Navsari-396445 अपीलाथ"/Appellant ""यथ" /Respondent "नधा"रती क" ओर से /Assessee By Shri Rasesh Shah, C.A राज"व क" ओर से /Revenue By Shri Vinod Kumar, Sr-Dr सुनवाई की तारीख/Date Of Hearing 05.01.2023 उ"घोषणा क" तार"ख/Date Of 30.03.2023 Pronouncement Order Under Section 254(1) Of Income Tax Act Per Pawan Singh: 1. This Appeal By Assessee Is Directed Against The Order Of National Faceless Appeal Centre, Delhi [For Short To As “Nfac/Ld.Cit(A)”] Dated 23.03.2022 For Assessment Year 2017-18, Which In Turn Arises From The Addition Made By The Income Tax Officer, Ward-5, Navsari / Assessing Officer In Assessment Order Passed Under Section 144 R.W.S143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 30.12.2019. The Assessee Has Raised The Following Grounds Of Appeal:- “1. On The Facts & In The Circumstances Of The Case As Well As Law On The Subject, The Learned Cit(A) Has Erred In Confirming The Action Thakordas Parekh & Sons Of Assessing Officer In Rejecting The Books Of Accounts U/S 145(3) Of The Act.

Section 115BSection 144Section 145(3)Section 254(1)Section 68

…to preceding months of last year. The book of assessee cannot be rejected without specifying any defect found by Assessing Officer. To support such submission, Ld. AR for the assessee relied upon the following decisions:  CIT vs. Amitbhai Gunvantbhai [1981] 129 ITR 573 (Guj), 10 Thakordas Parekh & Sons  R.B. Jessaram Fatehchand vs. CIT 75 ITR 33,  CIT vs. Vikram Plastics 239 ITR 161 (Guj)  St.Teresa’s Oil Mill vs. State of Kerala 76 ITR 365 (Ker) 8. On the addition of Rs.18,07,500/- on account of unexplained cash credits, the ld. AR for the assessee submits that Assessing Officer wrongly rejected the books…

ACIT, CIR-43 , KOLKATA vs. M/S SHYAMLAL IRON & STEEL CO., KOLKATA

In the result, the appeal of the revenue is dismissed

ITA 572/KOL/2020[2011-12]Status: DisposedITAT Kolkata31 Aug 2022AY 2011-12

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 143(1)

…und any discrepancy in purchases and sales. The AO has not called for the accounts of the appellant with the Tata Motors . There is also no finding that the purchases were bogus: 9 AY: 2011-12 Shyamlal Iron & Steel Co. In CIT vs. Amitbhai Gunwantbhai (1981) 129 ITR 573, 580 (Guj), the Hon’ble Gujarat High Court held that the basic principle is the same in the law relating to income tax as well as in civil law, namely, if there is no challenge to the transaction represented by the entries or to the genuineness of the entries, then it is not open to the revenue or other side to contend that what is shown by the e…

ITO, NEW DELHI vs. SH. SUNIL NAYYAR, DELHI

In the result, the appeal of the revenue is dismissed and Cross

ITA 6168/DEL/2016[2012-13]Status: DisposedITAT Delhi24 Feb 2020AY 2012-13

Bench: Sh. Kuldip Singhdr. B. R. R. Kumarita No. 6168/Del/2016 : Asstt. Year : 2012-13 Income Tax Officer, Vs Sh. Sunil Nayyar, Ward-49(3), R/O 81-A, Vikrant Enclave, New Delhi Mayapuri, New Delhi-110064 (Appellant) (Respondent) Pan No. Abvpn3963B

For Appellant: Sh. Jagdish Ajmani, CAFor Respondent: Sh. Saras Kumar, Sr. DR

Section 68

…the AO is satisfy that there is a major defect in the books of accounts which comes in the way of determining the actual profit". DCIT v. Associated Petroleum Corporation [2011] 44 SOT 45 (Ahd.), ITA No. 47 /PNJ/2013. h. In CIT v. Amitbhai Gunvantbhai [1981] 129 ITR 573 (Gut.), the Hon'ble jurisdictional High Court has held that the basic principle is the same in law relating to income-tax as well as in civil law, namely, if there is no challenge to the transaction represented by the entries, then it is ITA No. 6168/Del/2016 & 24 CO No. 9/Del/2017 Sunil Nayyar not open to the revenue or other side to contend t…

D.C.I.T., CIRCLE-5, KOLKATA, KOLKATA vs. M/S EAST INDIA HOLDINGS PVT. LTD., KOLKATA

In the result, appeal of Revenue stands dismissed and that of assessee is allowed

ITA 2585/KOL/2013[2010-2011]Status: DisposedITAT Kolkata23 Sept 2016AY 2010-2011

Bench: Shri Waseem Ahmed & Shri K.Narsimha Chary

Section 143(3)

…ot be rejected on mere suspicious, but only on positive evidence of their unreliability” ITA No.2432 & 2585/Kol/2013 A.Y. 2010-11 M/s East India Holdings Pvt. Ltd. vs. DCIT, Cir-5, Kol. Page 8 Similarly we also rely in the case of CIT Vs. Amitabh Gunvantbhai 129 ITR 573 where the Hon’ble High Court of Gujarat has held as under:- “It is a basic principle of civil law that if there is no challenge to the transaction represented by the entries or the genuineness of the entries, then it is not open to the other side - in this case the Revenue - to contend that that which is shown by the entries is not the real state…

M/S EAST INDIA HOLDINGS PVT. LTD.,KOLKATA vs. D.C.I.T CIR - 5,KOLKATA, KOLKATA

In the result, appeal of Revenue stands dismissed and that of assessee is allowed

ITA 2432/KOL/2013[2010-11]Status: DisposedITAT Kolkata23 Sept 2016AY 2010-11

Bench: Shri Waseem Ahmed & Shri K.Narsimha Chary

Section 143(3)

ACIT, CIR-40, KOLKATA, KOLKATA vs. M/S SHYAMLAL IRON & STEEL CO., KOLKATA

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

ITA 118/KOL/2014[2010-2011]Status: DisposedITAT Kolkata21 Sept 2016AY 2010-2011

Bench: Shri N.V.Vasudevan, J.M. &Dr.A.L.Saini, A.M.)

For Appellant: Shri Sallong Yaden, Addl.CITFor Respondent: Shri Mihir Bandyopadhyay, A.R

Section 143(1)Section 143(3)

…e omitted therefrom or proper particulars or vouchers are not forthcoming or the accounts do not include entries relating to a particular class of business. Rejection of accounts should not be done light-heatedly. (viii) In CIT v. Amitbhai Gunwantbhai (1981) 129 ITR 573, 580 (Guj)], the Hon' ble Gujarat High COurt held that the basic principle is the same in the law relating to income- tax as well as in civil law, namely, if there is no challenge to the transaction represented by the entries or to the genuineness of the entries, then it is not open to the revenue or other side to contend that what is shown by th…