CIT v. Daulat Ram Rawatmull

ACIT-Circle-2(1)(1), Agra vs. Puneet Agarwal, Agra

In the result, the appeal filed by the assessee is allowed, the CO raised by the assessee and appeal filed by the Revenue are dismissed

Bench: SHRI S. RIFAUR RAHMAN (Accountant Member), SHRI SUNIL KUMAR SINGH (Judicial Member)

…addition by the CIT(A). It is a settled law that, when the documentary evidences are pitted against the oral evidence, then the cause of documentary evidence shall always prevail as per judgment of Apex Court in the case of Daulat Ram Rawat Mull, reported in 87 ITR 349. Thus, the said addition of Rs. 42 lacs deserves to be deleted. 15. Ld AR had made detailed submissions on the issue of retraction as under :- CO Nos.04, 03 & 05/Agr/2025 i). It is submitted that, though, the assessee had retracted the surrender made in the sense that while filing the return of income for Asstt. Year 2015-16, nothing was declared…

ACIT, Circle-2(1)(1), Agra vs. Sh. Vishwambhar Dayal Agarwal, Agra

Bench: Shri S. Rifaur Rahman & Shri Sunil Kumar Singh

…addition by the CIT(A). It is a settled law that, when the documentary evidences are pitted against the oral evidence, then the cause of documentary evidence shall always prevail as per judgment of Apex Court in the case of Daulat Ram Rawat Mull, reported in 87 ITR 349. Thus, the said addition of Rs. 42 lacs deserves to be deleted. 15. Ld AR had made detailed submissions on the issue of retraction as under :- 23 ITA No.337, 330, 336 & 338 &/Agr/2025 CO Nos.04, 03 & 05/Agr/2025 i). It is submitted that, though, the assessee had retracted the surrender made in the sense that while filing the return of income for A…

ACIT-Circel-2(1)(1), Agra vs. Mayank Agrawal, Agra

In the result, the appeal filed by the assessee is allowed, the CO raised by the assessee and appeal filed by the Revenue are dismissed

Bench: SHRI S. RIFAUR RAHMAN (Accountant Member), SHRI SUNIL KUMAR SINGH (Judicial Member)

…addition by the CIT(A). It is a settled law that, when the documentary evidences are pitted against the oral evidence, then the cause of documentary evidence shall always prevail as per judgment of Apex Court in the case of Daulat Ram Rawat Mull, reported in 87 ITR 349. Thus, the said addition of Rs. 42 lacs deserves to be deleted. 15. Ld AR had made detailed submissions on the issue of retraction as under :- CO Nos.04, 03 & 05/Agr/2025 i). It is submitted that, though, the assessee had retracted the surrender made in the sense that while filing the return of income for Asstt. Year 2015-16, nothing was declared…

Vishwambhar Dayal Agarwal, Agra vs. Deputy Commissioner of Income Tax, Circle2(1)(1), Agra

In the result, the appeal filed by the assessee is allowed, the CO raised by the assessee and appeal filed by the Revenue are dismissed

Bench: SHRI S. RIFAUR RAHMAN (Accountant Member), SHRI SUNIL KUMAR SINGH (Judicial Member)

…addition by the CIT(A). It is a settled law that, when the documentary evidences are pitted against the oral evidence, then the cause of documentary evidence shall always prevail as per judgment of Apex Court in the case of Daulat Ram Rawat Mull, reported in 87 ITR 349. Thus, the said addition of Rs. 42 lacs deserves to be deleted. 15. Ld AR had made detailed submissions on the issue of retraction as under :- CO Nos.04, 03 & 05/Agr/2025 i). It is submitted that, though, the assessee had retracted the surrender made in the sense that while filing the return of income for Asstt. Year 2015-16, nothing was declared…

Manoj Anand, Guwahati vs. ITO W-2(2) Ghy, Guwahati

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar, Am & Shri Manomohan Das, Jm Manoj Anand Ito W-2(2), Ghy Flat 4D, Garima Grand, Aaykar Bhawan, Christian Basti, Departmental Representative B. G.S. Road, Guwahati-781005, Vs. Baruah Road, Guwahati-781007, Assam Assam (Appellant) (Respondent) Pan No. Agbpa9883C

…Mad.) 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 v. 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…