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 367,154 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

Issues it is cited on

Judgments citing CIT v. Daulat Ram Rawatmull

ITO, Ward-2(3), Durgapur, Kolkata vs. M/S Height Insurance Services Ltd., Kolkata

Appeal is dismissed

ITA 2266/KOL/2016[2011-12]Status: DisposedITAT Kolkata08 Jun 2018AY 2011-12

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2011-12 Income Tax Officer, V/S. M/S Height Insurance Ward-2(3), R/No.10/21, Services Ltd., Room 7Th Floor, Aayakar No.319,3Rd Floor, Bhawan, P-7, Kamalaya Centre, 156A, Chowringhee Square, Lenin Sarani, Kolakta-13 Kolkata-69 [Pan No.Aacch 0943 G] .. अपीलाथ" /Appellant ""यथ"/Respondent Md. Usman, Cit-Dr अपीलाथ" क" ओर से/By Appellant Shri A.K. Tibrewal, Fca ""यथ" क" ओर से/By Respondent 31-05-2018 सुनवाई क" तार"ख/Date Of Hearing 08-06-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Revenue’S Appeal For Assessment Year 2011-12 Arises Against Commissioner Of Income Tax (Appeals)-14, Kolkata’S Order Dated 31.08.2016 In Case No. 188/Cit(A)-14/Wd-1(1)/2015-16, In Proceedings U/S 143(3) Of The Income Tax Act, 1961; In Short ‘The Act’. 2. The Revenue’S Solitary Grievance Pleaded In The Instant Appeal Seeks To Revive Section 37 R.W 40(A)(Ia) Disallowances / Addition Of ₹66,18,00,000/- Pertaining To Assessee’S Service Charges Paid To M/S Golden Trust Financial Services (Gtfs) Hereafter For Having Acted As Its Agent. It’S Next Two Averments Are That The Cit(A) Has Erred In Law As Well As On Facts In Examining Assessee’S Exclusive Method Of Accounting In Service Tax Receivable On Output Services As Against Inclusive Method Of Service Tax

Section 143(3)Section 37

…inancial Statements of GTFS for the assessment year 2011-12 for ready reference. These were placed on Page Nos. 243 to 245 of the Paper Book attached with his written submissions. It was as early as in 1973 that the Apex Court, in Daulat Ram Rawat Mull (1973) 87 ITR 349, laid down the law for the onus when any party to a dispute disagreed with whatever was shown as apparent. The Supreme Court held that the onus of proving what was apparent was not real lay with the party that claimed it to be so. There should be some direct nexus between the conclusions of fact arrived at by the authorities concerned and the prim…

Mailavarapu Anantha Naga Narasimha Srikanth vs. The Dy. CIT, Visakhapatnam

In the result, the appeal of the assessees in appeal No

ITA 185/VIZ/2017[2008-2009]Status: DisposedITAT Visakhapatnam30 May 2018AY 2008-2009

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Ble1. Sathi Suryanarayana Reddy Dcit, Kutukuluru Village Vs. Central Circle-1 East Godavari Dist. Visakhapatnam Pan No.Aqsps0318M 2. Kovvuri Adi Reddy, Vs. Dcit, D.No. 59-19-12, Jagannathpuram, Central Circle-1, Kakinada Basti, E.G. District. Visakhapatnam. Pan No. Akypa 7366 B 3. Tadi China Venkata Reddy Vs. Dcit, Anaparthi Village, Central Circle-1 East Godavari District. Visakhapatnam Pan No.Alqpt 6801 P 4. Kovvuri Vijaya Suhdhara Reddy, Vs. Dcit, D.No. 6-64, Kondukuru Central Circle-1 Village,Bikkavolumandal, Visakhapatnam East Godavari Dist. Pan No. Btxpk 4927 K

Section 132Section 148

…Hon’ble A.P. High Court in the case of CIT Vs. Brajesh Kuimar Agarwal 369 ITR 171 and Hon’ble Supreme Court decision in the case of S. Narayanappa Vs. CIT 63 ITR 219 (SC) and the decision of Hon’ble Supreme Court in the case of CIT Vs. Daulat Ram Rawat Maulla 87 ITR 349 ad Laxmani Mewal Das 103 ITR 437. 7. On the other hand, the Ld. D.R. relied on the orders of the lower authorities and argued that Mr. Y. Joji Reddy has entered into an agreement for purchase of land with the original owners Shri Kantimohanti Surya Prakasa Rao and 6 others for an agreed consideration of Rs.32,50,000./- and got it registered for 4.…