CIT v. Daulat Ram Rawatmull

87 ITR 349Supreme Court of India1973#124 most cited

What is CIT v. Daulat Ram Rawatmull authority for?

The onus to prove that an apparent transaction or explanation is not real lies with the person who claims it to be so. If an assessee provides a plausible explanation for a transaction, the revenue must establish that the apparent transaction is not genuine.

525

judgments rely on this decision, according to BharatTax’s citation analysis of 367,181 Indian tax judgments — from 2012 to 2026.

Also referred to as

CIT v. Daulat Ram Rawatmull · 87 ITR 349 · Section 68 · Section 69A · onus of proof · burden of proof · apparent is not real · genuineness of transaction · cash credit · unexplained money · suspicion not evidence · sufficiency of evidence

Sections most often in play

Section 68Section 143(3)Section 153ASection 132Section 132(4)Section 148Section 69CSection 133(6)
Read the full judgment

Issues it is cited on

retraction of statementdumb documentscreditworthiness of the creditorbogus long term capital gainsection 132(4a)section 292csection 132(4)loose papersaddition under section 68section 10(38)section 127on-money

Judgments citing CIT v. Daulat Ram Rawatmull

M.K Rajendran Pillai, Pathanamthitta vs. Assistant Commissioner of Income Tax, Central Circle, Kollam

In the result the appeals for AYs 2012-13 to 2017-18 stand partly allowed whereas the appeal for AY 2018-19 stands allowed on legal grounds in terms of our above order

ITA 585/COCH/2022[2017-2018]Status: DisposedITAT Cochin20 Jan 2023AY 2017-2018

Bench: Hon’Ble Shri Satbeer Singh Godara, J.M. & Hon’Ble Shri Manoj Kumar Aggarwal, A.M.

For Appellant: Shri Sajjan Kumar Tulsiyan (Advocate)-Ld. ARFor Respondent: Smt. J.M Jamuna Devi (Addl. CIT) – Ld. DR
Section 143(3)Section 144Section 153ASection 245C(1)

…ge of the primary onus by the A.O of establishing the assessee to be the actual owner of the books of account / bank accounts held in the names of other persons. This position has been held by Hon’ble Supreme Court in the case of CIT Vs. Daulat Ram Rawatmull (87 ITR 349). Therefore, the credits appearing in the other bank accounts could not be held to be income of the assessee. In the above background, we proceed to deal with the quantum additions on merits in succeeding paragraphs. ITA Nos.580 to 586/Coch/2022 Adjudication on Merits Credit Entries Received from Nagaland bases entities / individual 8.1 The addit…

M.K Rajendran Pillai, Pathanamthitta vs. Assistant Commissioner of Income Tax, Central Circle, Kollam

In the result the appeals for AYs 2012-13 to 2017-18 stand partly allowed whereas the appeal for AY 2018-19 stands allowed on legal grounds in terms of our above order

ITA 584/COCH/2022[2016-2017]Status: DisposedITAT Cochin20 Jan 2023AY 2016-2017

Bench: Hon’Ble Shri Satbeer Singh Godara, J.M. & Hon’Ble Shri Manoj Kumar Aggarwal, A.M.

For Appellant: Shri Sajjan Kumar Tulsiyan (Advocate)-Ld. ARFor Respondent: Smt. J.M Jamuna Devi (Addl. CIT) – Ld. DR
Section 143(3)Section 144Section 153ASection 245C(1)

…ge of the primary onus by the A.O of establishing the assessee to be the actual owner of the books of account / bank accounts held in the names of other persons. This position has been held by Hon’ble Supreme Court in the case of CIT Vs. Daulat Ram Rawatmull (87 ITR 349). Therefore, the credits appearing in the other bank accounts could not be held to be income of the assessee. In the above background, we proceed to deal with the quantum additions on merits in succeeding paragraphs. ITA Nos.580 to 586/Coch/2022 Adjudication on Merits Credit Entries Received from Nagaland bases entities / individual 8.1 The addit…

M.K Rajendran Pillai, Pathanamthitta vs. Assistant Commissioner of Income Tax, Central Circle, Kollam

In the result the appeals for AYs 2012-13 to 2017-18 stand partly allowed whereas the appeal for AY 2018-19 stands allowed on legal grounds in terms of our above order

ITA 583/COCH/2022[2015-2016]Status: DisposedITAT Cochin20 Jan 2023AY 2015-2016

Bench: Hon’Ble Shri Satbeer Singh Godara, J.M. & Hon’Ble Shri Manoj Kumar Aggarwal, A.M.

For Appellant: Shri Sajjan Kumar Tulsiyan (Advocate)-Ld. ARFor Respondent: Smt. J.M Jamuna Devi (Addl. CIT) – Ld. DR
Section 143(3)Section 144Section 153ASection 245C(1)

…ge of the primary onus by the A.O of establishing the assessee to be the actual owner of the books of account / bank accounts held in the names of other persons. This position has been held by Hon’ble Supreme Court in the case of CIT Vs. Daulat Ram Rawatmull (87 ITR 349). Therefore, the credits appearing in the other bank accounts could not be held to be income of the assessee. In the above background, we proceed to deal with the quantum additions on merits in succeeding paragraphs. ITA Nos.580 to 586/Coch/2022 Adjudication on Merits Credit Entries Received from Nagaland bases entities / individual 8.1 The addit…

M.K Rajendran Pillai, Pathanamthitta vs. Assistant Commissioner of Income Tax, Central Circle, Kollam

In the result the appeals for AYs 2012-13 to 2017-18 stand partly allowed whereas the appeal for AY 2018-19 stands allowed on legal grounds in terms of our above order

ITA 582/COCH/2022[2014-2015]Status: DisposedITAT Cochin20 Jan 2023AY 2014-2015

Bench: Hon’Ble Shri Satbeer Singh Godara, J.M. & Hon’Ble Shri Manoj Kumar Aggarwal, A.M.

For Appellant: Shri Sajjan Kumar Tulsiyan (Advocate)-Ld. ARFor Respondent: Smt. J.M Jamuna Devi (Addl. CIT) – Ld. DR
Section 143(3)Section 144Section 153ASection 245C(1)

…ge of the primary onus by the A.O of establishing the assessee to be the actual owner of the books of account / bank accounts held in the names of other persons. This position has been held by Hon’ble Supreme Court in the case of CIT Vs. Daulat Ram Rawatmull (87 ITR 349). Therefore, the credits appearing in the other bank accounts could not be held to be income of the assessee. In the above background, we proceed to deal with the quantum additions on merits in succeeding paragraphs. ITA Nos.580 to 586/Coch/2022 Adjudication on Merits Credit Entries Received from Nagaland bases entities / individual 8.1 The addit…

M.K Rajendran Pillai, Pathanamthitta vs. Assistant Commissioner of Income Tax, Central Circle, Kollam

In the result the appeals for AYs 2012-13 to 2017-18 stand partly allowed whereas the appeal for AY 2018-19 stands allowed on legal grounds in terms of our above order

ITA 581/COCH/2022[2013-2014]Status: DisposedITAT Cochin20 Jan 2023AY 2013-2014

Bench: Hon’Ble Shri Satbeer Singh Godara, J.M. & Hon’Ble Shri Manoj Kumar Aggarwal, A.M.

For Appellant: Shri Sajjan Kumar Tulsiyan (Advocate)-Ld. ARFor Respondent: Smt. J.M Jamuna Devi (Addl. CIT) – Ld. DR
Section 143(3)Section 144Section 153ASection 245C(1)

…ge of the primary onus by the A.O of establishing the assessee to be the actual owner of the books of account / bank accounts held in the names of other persons. This position has been held by Hon’ble Supreme Court in the case of CIT Vs. Daulat Ram Rawatmull (87 ITR 349). Therefore, the credits appearing in the other bank accounts could not be held to be income of the assessee. In the above background, we proceed to deal with the quantum additions on merits in succeeding paragraphs. ITA Nos.580 to 586/Coch/2022 Adjudication on Merits Credit Entries Received from Nagaland bases entities / individual 8.1 The addit…

M.K Rajendran Pillai, Pathanamthitta vs. Assistant Commissioner of Income Tax, Central Circle, Kollam

In the result the appeals for AYs 2012-13 to 2017-18 stand partly allowed whereas the appeal for AY 2018-19 stands allowed on legal grounds in terms of our above order

ITA 580/COCH/2022[2012-2013]Status: DisposedITAT Cochin20 Jan 2023AY 2012-2013

Bench: Hon’Ble Shri Satbeer Singh Godara, J.M. & Hon’Ble Shri Manoj Kumar Aggarwal, A.M.

For Appellant: Shri Sajjan Kumar Tulsiyan (Advocate)-Ld. ARFor Respondent: Smt. J.M Jamuna Devi (Addl. CIT) – Ld. DR
Section 143(3)Section 144Section 153ASection 245C(1)

…ge of the primary onus by the A.O of establishing the assessee to be the actual owner of the books of account / bank accounts held in the names of other persons. This position has been held by Hon’ble Supreme Court in the case of CIT Vs. Daulat Ram Rawatmull (87 ITR 349). Therefore, the credits appearing in the other bank accounts could not be held to be income of the assessee. In the above background, we proceed to deal with the quantum additions on merits in succeeding paragraphs. ITA Nos.580 to 586/Coch/2022 Adjudication on Merits Credit Entries Received from Nagaland bases entities / individual 8.1 The addit…

Super Iron Foundry, Kolkata vs. ACIT, Cir. 36, Kolkata

In the result, the appeal of assessee allowed

ITA 270/KOL/2022[2014-15]Status: DisposedITAT Kolkata11 Jan 2023AY 2014-15

Bench: Shri Rajpal Yadav(Kz)& Shri Rajesh Kumar]

Section 131Section 133(6)Section 143(3)Section 68

…essee's transaction. Thus, more importantly, as held by the Hon'ble Supreme Court in CIT Versus Daulat Ram Rawatmull 9, the onus of proving (1963) 49 ITR 112 (2007) 291 ITR 278 (SC) (1944) 12 ITR 441 (Cal) (1972 84 ITR 307 (Cal) (1958) 34 ITR 328 (Mad) (1973) 87 ITR 349 (SC) ITAT 18 OF 2022 that the appellant was not the real was on the party who claims it to be so. Bearing the above legal principles in mind, if we examine the case on hand, it is clear that the assessing officer issued show cause notice only in respect of one of the lender M/s. Fast Glow Distributors. The assessee responded to the show cause noti…

Income Tax Officer, Ward 1(1), Jabalpur vs. Shri Deepak Singh Banafer, Jabalpur

In the result, the Revenue’s appeal is allowed on the aforesaid terms

ITA 92/JAB/2019[2014-15]Status: DisposedITAT Jabalpur11 Jan 2023AY 2014-15

Bench: Shri Sanjay Arora, Hon’Ble & Shri Manomohan Das, Hon'Ble

For Appellant: Sh. L.L. Sharma, AdvocateFor Respondent: Sh. Shiv Kumar, Sr. DR
Section 131Section 143(3)Section 147Section 148(1)Section 54B

…IN THE INCOME TAX APPELLATE TRIBUNAL JABALPUR BENCH, JABALPUR BEFORE SHRI SANJAY ARORA, HON’BLE ACCOUNTANT MEMBER & SHRI MANOMOHAN DAS, HON'BLE JUDICIAL MEMBER I.T.A. No. 92/JAB/2019 (Asst. Year: 2014-15) Income Tax Officer, vs. Deepak Singh Banafer, Ward-1(1), Jabalpur H.No. 2001, Badi Ukhari Road, Jabalpur, (MP) [PAN: ALYPB0867H] (Appellant) (Respondent) Revenue by : Sh. Shiv Kumar, Sr. DR Assessee by : Sh. L.L. Sharma, Advocate Date of hearing : 14/10/2022 Date of pronouncement : 11/01/2023 O R D E R Per Sanjay Arora, AM: This is an Appeal by the Revenue agitating the Order dated 30/09/2019 by the Commiss…

Kiran Bhanwarlal Jogani, Mumbai vs. ITO-5(3)(3), Mumbai

In the result, appeals filed by the assessees are allowed

ITA 2441/MUM/2022[2014-15]Status: DisposedITAT Mumbai04 Jan 2023AY 2014-15

Bench: Shri Pavan Kumar Gadalekiranbhanwarlaljogani, Vs. Ito-5(3)(3), 1101-A Wing, Pratiksha Room.No.564,5 Floor, Tower,Rs Nimkar Marg, Aayakar Bhavan, Mumbai- 400008. M.K.Road, Mumbai-400020. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Acopj7976N Appellant .. Respondent Appellant By : Mr.Rajkumar Singh.Ar Respondent By : Mr.Richa Gulati.Dr Date Of Hearing 22.12.2022 Date Of Pronouncement 10.01.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm:

For Appellant: Mr.Rajkumar Singh.ARFor Respondent: Mr.Richa Gulati.DR
Section 10(38)Section 127Section 143(1)Section 143(2)Section 143(3)Section 68Section 69C

…n'ble Supreme Court in the case of Omar Salav Mohamed Sait reported in (1959) 37 ITR 151 (S C) had held that no addition can be made on the basis of surmises, suspicion and conjectures. In the case of CIT(Central), Kolkata vs. Daulat Ram Rawatmull reported in 87 ITR 349, the Hon'ble Supreme Court held that, the onus to prove that the apparent is not the real is on the party who claims it to be so. The burden of proving a transaction to be bogus has to be strictly discharged by adducing legal evidences, which would directly prove the fact of bogusness or establish circumstance unerringly and reasonably raising an…

A J Mill Store Agency Private Limited, Kolkata vs. I.T.O., Ward-2(1), Kolkata

In the result, both the appeals of the assessee are allowed

ITA 552/KOL/2021[2012-13]Status: DisposedITAT Kolkata28 Nov 2022AY 2012-13

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 131oSection 143(3)Section 147Section 148

…) that while drawing the inference, it cannot be assumed in the absence-of any material that there has been some illegalities in the assessee's transaction. Thus, more importantly as held –by the Hon’ble Supreme Court in CIT Versus Daulat Ram Rawatmull (1973) 87 ITR 349 (SC), the onus of proving that the appellant was not the real was on the party who claims it to be so. Bearing the above legal principles in mind, if we examine the case on hand, it is clear that the assessing officer issued show cause notice only in respect of one of the lender M/s. Fast Glow Distributors. The assessee responded to the show cause…

A J Mill Store Agency Private Limited, Kolkata vs. I.T.O., Ward-2(1), Kolkata

In the result, both the appeals of the assessee are allowed

ITA 551/KOL/2021[2012-13]Status: DisposedITAT Kolkata28 Nov 2022AY 2012-13

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 131oSection 143(3)Section 147Section 148

…) that while drawing the inference, it cannot be assumed in the absence-of any material that there has been some illegalities in the assessee's transaction. Thus, more importantly as held –by the Hon’ble Supreme Court in CIT Versus Daulat Ram Rawatmull (1973) 87 ITR 349 (SC), the onus of proving that the appellant was not the real was on the party who claims it to be so. Bearing the above legal principles in mind, if we examine the case on hand, it is clear that the assessing officer issued show cause notice only in respect of one of the lender M/s. Fast Glow Distributors. The assessee responded to the show cause…

Raj Auto Wheels (P) Ltd., Jaipur vs. ACIT, Ajmer

In the result, the appeal of the assessee is party allowed

ITA 929/JPR/2016[2009-10]Status: DisposedITAT Jaipur09 Nov 2022AY 2009-10
For Appellant: Shri Mahendra Gargieya, AdvocawteFor Respondent: Shri P.R. Meena, C IT-DR
Section 133(6)Section 143(3)Section 145(3)

…o make increase in sales without bringing cogent material to CIT vs Mohan Marble (P) LTD. prove sales out of books of accounts. RAJ AUTO WHEELS (P) LTD. VS ACIT, CIRCLE-1, AJMER Further held GP Companies made with another is also not justified. (1973) (P-19)87 ITR 349 (SC) (2007) 18 TUD 184 (Raj.) tax can be levied only on actual sale considerable and not assessable value. AC AE Udaipur vs Bilas Udhyog As per law of accounting purchases always followed sales and accordingly when there is no enhancement in purchases, how sales can be made and our purchases are fully from M/s Maruti Udhyog Ltd. Gurgaon and not f…

Income Tax Officer-2, Raigarh vs. Shri Vinod Kumar Jain, Jashpur

In the result appeal of the revenue is dismissed

ITA 96/RPR/2018[2014-15]Status: DisposedITAT Raipur31 Oct 2022AY 2014-15

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं./Ita No.96/Rpr/2018 ("नधा"रण वष" / Assessment Year :2014-2015) Ito-2, Raigargh Vs Shri Vinod Kumar Jain, College Road, Dist : Jashpur Pan No. : Agepj 9793 M (अपीलाथ" /Appellant) .. (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri R.B.Doshi, Ca राज"व क" ओर से /Revenue By : Shri Debashish Lahiri, Cit-Dr सुनवाई क" तार"ख / Date Of Hearing : 02/08/2022 घोषणा क" तार"ख/Date Of Pronouncement : 31 /10 /2022 आदेश / O R D E R Per Arun Khodpia, Am : This Appeal Is Filed By The Revenue Against The Order Passed By The Cit(A)-1, Bilaspur, Dated 06.03.2018, On The Following Ground :- 1. Whether In The Facts & Circumstance & In Law, The Ld. Cit(A) Is Justified In Deleting The Addition Of Rs. 6,43,00,000/- Made By The Ao U/S 68 Of The Act? 2. Whether On The Facts & Circumstances Of The Case & On The Points Of The Law Ld. Cit(A) Was Justified In Deleting The Addition Of Rs. 6,43,00,000/- Made By The Ao By Ignoring The Facts As Brought On Record By The Ao That The Assessee Failed To Prove The Identity Of The Creditor, Genuineness Of The Transaction & Creditworthiness Of The Investor As Per The Parameters Of The Legal Provisions U/S 68 Of The Act? 3. Whether In The Facts & Circumstances & In Law, The Ld. Cit(A) Is Justified In Deleting The Addition Of Rs. 6,43,00,000/- Made By The Ao U/S 68 Of The Act By Ignoring The Decisions In The Following Lead Cases:- (I) Mcdowell & Company Ltd Vs Commercial Tax Officer (1985) 22 Taxman 11 (Sc). (Ii) M/S Raj Mandir Estates Pvt Ltd Vs Pcit-Iii, Kolkata (Slp No. 22566-22567) Dated 09.01.2017. (Iii) Cit Vs Precision Finance Pvt Ltd., 208 Itr 465(Cal).

For Appellant: Shri R.B.Doshi, CAFor Respondent: Shri Debashish Lahiri, CIT-DR
Section 143(3)Section 68

…nsaction of unsecured loan have taken place, interest charged and repayment of loan along with interest thereon was paid. On this aspect, we draw interpretation from the findings of Hon’ble Supreme Court in the case of Daulat Ram Rawatmull, reported in [1973] 87 ITR 349 (SC), wherein the Hon’ble Supreme Court has held as under :- 12 Section 69B of the Income-tax Act, 1961 - Undisclosed investments -Assessment year 1946-47 - Respondent firm obtained overdraft upon security of fixed deposit receipt issued in name of son of partner -Authorities held that amount of fixed deposits was concealed income of respondent f…

Assistant Commissioner of Income Tax Central Circle - 1(4), Bengaluru vs. M/S Snowshine Realtors Pvt.Ltd., Bengaluru

In the result, the revenue appeals in ITA Nos

ITA 1443/BANG/2018[2008-09]Status: DisposedITAT Bangalore28 Oct 2022AY 2008-09

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariita Nos.1441 & 1442/Bang/2018 Assessment Year: 2009-10 & 2012-13 Acit Central Circle- M/S. Kansur Developers India Pvt. Ltd. 1(4) No.2650, Ground Floor Bengaluru Vs. 37Th B Cross, 28Th Main, 9Th Block Jayanagar Bangalore 560 009 Pan No : Aacck9866F Appellant Respondent C.O. Nos.103&104/Bang/2018 (Arising Out Of Ita Nos.1441 & 1442/Bang/2018) Assessment Years: 2009-10 & 2012-13

For Appellant: Shri Dilip, Junior Standing Counsel forFor Respondent: Dept
Section 147

…the investor. Ld. A.R. relied on the following decisions wherein it is held that, the source for the source and origin for the origin need not be proved by the investor. i) Tolaram Daga V. CIT (1966) 59 ITR 632 (Assam) ii) CIT V. Daulat Ram Rawatmull (1973) 87 ITR 349 (SC) iii) Sarogi Credit Corporation V. CIT (1976) 103 ITR 344 (Pat) 5.19 (i) In the present case the appellant has not only proved the source but also the source of the source. The investor Mr. Samyak C. Veera has accepted the investment. It is open for the department to initiate ITA Nos.1441 & 1442/Bang/2018 & CO 103 & 104/Bang/2018 ITA No.1443…

Assistant Commissioner of Income Tax Central Circle - 1(4), Bengaluru vs. M/S Kansur Developers India Pvt. Ltd., Bengaluru

In the result, the revenue appeals in ITA Nos

ITA 1442/BANG/2018[2012-13]Status: DisposedITAT Bangalore28 Oct 2022AY 2012-13

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariita Nos.1441 & 1442/Bang/2018 Assessment Year: 2009-10 & 2012-13 Acit Central Circle- M/S. Kansur Developers India Pvt. Ltd. 1(4) No.2650, Ground Floor Bengaluru Vs. 37Th B Cross, 28Th Main, 9Th Block Jayanagar Bangalore 560 009 Pan No : Aacck9866F Appellant Respondent C.O. Nos.103&104/Bang/2018 (Arising Out Of Ita Nos.1441 & 1442/Bang/2018) Assessment Years: 2009-10 & 2012-13

For Appellant: Shri Dilip, Junior Standing Counsel forFor Respondent: Dept
Section 147

…the investor. Ld. A.R. relied on the following decisions wherein it is held that, the source for the source and origin for the origin need not be proved by the investor. i) Tolaram Daga V. CIT (1966) 59 ITR 632 (Assam) ii) CIT V. Daulat Ram Rawatmull (1973) 87 ITR 349 (SC) iii) Sarogi Credit Corporation V. CIT (1976) 103 ITR 344 (Pat) 5.19 (i) In the present case the appellant has not only proved the source but also the source of the source. The investor Mr. Samyak C. Veera has accepted the investment. It is open for the department to initiate ITA Nos.1441 & 1442/Bang/2018 & CO 103 & 104/Bang/2018 ITA No.1443…

Assistant Commissioner of Income Tax Central Circle-1-(4), Bengaluru vs. M/S Kansur Developers India Pvt. Ltd., Bengaluru

In the result, the revenue appeals in ITA Nos

ITA 1441/BANG/2018[2009-10]Status: DisposedITAT Bangalore28 Oct 2022AY 2009-10

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariita Nos.1441 & 1442/Bang/2018 Assessment Year: 2009-10 & 2012-13 Acit Central Circle- M/S. Kansur Developers India Pvt. Ltd. 1(4) No.2650, Ground Floor Bengaluru Vs. 37Th B Cross, 28Th Main, 9Th Block Jayanagar Bangalore 560 009 Pan No : Aacck9866F Appellant Respondent C.O. Nos.103&104/Bang/2018 (Arising Out Of Ita Nos.1441 & 1442/Bang/2018) Assessment Years: 2009-10 & 2012-13

For Appellant: Shri Dilip, Junior Standing Counsel forFor Respondent: Dept
Section 147

…the investor. Ld. A.R. relied on the following decisions wherein it is held that, the source for the source and origin for the origin need not be proved by the investor. i) Tolaram Daga V. CIT (1966) 59 ITR 632 (Assam) ii) CIT V. Daulat Ram Rawatmull (1973) 87 ITR 349 (SC) iii) Sarogi Credit Corporation V. CIT (1976) 103 ITR 344 (Pat) 5.19 (i) In the present case the appellant has not only proved the source but also the source of the source. The investor Mr. Samyak C. Veera has accepted the investment. It is open for the department to initiate ITA Nos.1441 & 1442/Bang/2018 & CO 103 & 104/Bang/2018 ITA No.1443…

Prakash Godhwani, Raipur vs. Income Tax Officer, Ward 1(2), Raipur

In the result, the appeal of assessee is allowed

ITA 136/RPR/2019[2015-16]Status: DisposedITAT Raipur21 Sept 2022AY 2015-16

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अऩीऱ सं./Ita No.136/Rpr/2019 (ननधाारण वषा / Assessment Year :2015-2016) Prakash Godhwani, Vs Ito-1(2), Raipur Prop. M/S Prakash Agency, Near Girls High School, Neora(Cg) Pan No. : Aglpg 2669 J (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

For Appellant: Shri R.B.Doshi, CAFor Respondent: Shri G.N.Singh, Sr. DR
Section 68

…ney was found to be not correct - observed by Hon’ble Supreme Court in 87 ITR 349 (SC). 10. No responsibility to establish source of source. Reliance on: Jaikishan Dadlani vs ITO (2005) 24 CCH 0330 Mum.Trib., (2005) 4 SOT 0138 Mum. Trib., Daulat Ram Rawatmull 87 ITR 349 (SC). 11. Reliance on: - CIT vs Abdul Aziz (2012) 251 CTR 58 (Chhattisgarh) PN 98 to 108 of PB, relevant finding on PN 101 of PB, para no. 19. ITO vs Shri Koushal Agarwal in ITA no. 220/BLPR/2010 dt. 18.07.2013 If the AO was not convinced with the reply of lenders, he should have made some further enquiry and the onus upon the assessee is only to…

Heena Suresh Jain, Mumbai vs. ITO 19 (1)(5), Mumbai

In the result, appeals filed by the assessees are allowed

ITA 6617/MUM/2019[2014-15]Status: DisposedITAT Mumbai21 Sept 2022AY 2014-15

Bench: Shri S. Rifaur Rahman, Hon'Ble & Ms. Kavitha Rajagopal, Hon’Blesuresh M. Jain Huf V. Ito-19(3)(4), 52A Nanu Bhai Desai Road 2Nd Floor, Matru Mandir Tardeo Road, Mumbai-400007 Mulji Thakersi Building 2Nd Floor, Mumbai-400004 Pan: Aalhs7460R (Appellant) (Respondent) Heena Suresh Jain V.

For Appellant: Shri. Rajkumar SinghFor Respondent: Shri. Vaibhav Jain
Section 139(1)Section 143(2)

…n'ble Supreme Court in the case of Omar Salav Mohamed Sait reported in (1959) 37 ITR 151 (S C) had held that no addition can be made on the basis of surmises, suspicion and conjectures. In the case of CIT(Central), Kolkata vs. Daulat Ram Rawatmull reported in 87 ITR 349, the Hon'ble Supreme Court held that, the onus to prove that the apparent is not the real is on the party who claims it to be so. The burden of proving a transaction to be bogus 18 ITA NO.6614 & 6617/MUM/2019 (A.Y. 2014-15) Suresh M. Jain HUF & others has to be strictly discharged by adducing legal evidences, which would directly prove the fact o…

Suresh M Jain HUF, Mumbai vs. ITO 19 (3)(4), Mumbai

In the result, appeals filed by the assessees are allowed

ITA 6614/MUM/2019[2014-15]Status: DisposedITAT Mumbai21 Sept 2022AY 2014-15

Bench: Shri S. Rifaur Rahman, Hon'Ble & Ms. Kavitha Rajagopal, Hon’Blesuresh M. Jain Huf V. Ito-19(3)(4), 52A Nanu Bhai Desai Road 2Nd Floor, Matru Mandir Tardeo Road, Mumbai-400007 Mulji Thakersi Building 2Nd Floor, Mumbai-400004 Pan: Aalhs7460R (Appellant) (Respondent) Heena Suresh Jain V.

For Appellant: Shri. Rajkumar SinghFor Respondent: Shri. Vaibhav Jain
Section 139(1)Section 143(2)

…n'ble Supreme Court in the case of Omar Salav Mohamed Sait reported in (1959) 37 ITR 151 (S C) had held that no addition can be made on the basis of surmises, suspicion and conjectures. In the case of CIT(Central), Kolkata vs. Daulat Ram Rawatmull reported in 87 ITR 349, the Hon'ble Supreme Court held that, the onus to prove that the apparent is not the real is on the party who claims it to be so. The burden of proving a transaction to be bogus 18 ITA NO.6614 & 6617/MUM/2019 (A.Y. 2014-15) Suresh M. Jain HUF & others has to be strictly discharged by adducing legal evidences, which would directly prove the fact o…

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

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

ITA 66/BANG/2018[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

…d material. The assessee hiding the true facts mentioned in the seized material. The onus to prove that apparent, is not the real one, is on the party who claims it be so, as held by the Hon’ble Supreme Court in the case of CIT Vs. Daulat Ram Rawatmull (1973) 87 ITR 349 (SC) and CIT Vs. V. Durga Prasad More (1971) 82 ITR 540 (SC). In the case of CIT V. Durga Prasad More (supra), it has been held by the Apex Court that though an apparent statement must be considered real, until it was shown that there were reasons to believe that apparent was not the real, in a case where an authority relied on self serving recita…