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

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

Professional Automotives Private Limited, Jammu vs. Assistant Commissioner of Income Tax, Central Circle-1, Jaipur

In the result the appeal of the assessee in ITA no

ITA 812/JPR/2025[2016-17]Status: DisposedITAT Jaipur23 Jul 2025AY 2016-17

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, आयकर अपील /ITA Nos.809 to 815/JP/2025 निर्धारण वर्ष /Assessment Years :2013-14 to 2019-20 Professional Automotives Pvt. बनाम ACIT, Ltd. Bahu Plaza, Bahu Plaza, Jammu Vs. Central Circle- 1, and Kashmir Jaipur स्थायी लेखा सं./जी.आई.आर. सं./PAN/GIR No.:AAACP9608E अपीलार्थी/Appellant प्र]त्यर्थी/Respondent निर्धारिती की ओर से / Assessee by :Shri Tarun Mittal, CA राजस्व की ओर से /Revenue by: Shri Ajey Malik, CIT (Th. V.C)

For Appellant: Shri Tarun Mittal, CAFor Respondent: Shri Ajey Malik, CIT (Th. V.C)
Section 143(3)Section 37(1)

…well settled law that what is apparent is the real state of affairs and the onus to prove that apparent was not real is on the party who claims it to be so. Reference can be made to the Supreme Court decision in the case of CIT v. Daulat Ram Rawatmull [1973] 87 ITR 349. In the present case, the dispute is about the sale consideration of the plots sold by the assessee in the block period. What is apparent state of affair is the consideration of sale shown in the sale agreements/deeds and recorded by the assessee in his regular books of account. Therefore, the burden lies on the department to prove Professional A…

Rangamani Krishnan, Chennai vs. ACIT, Central Circle-1(2), Chennai

In the result all the five appeals filed by the assessee for the A

ITA 457/CHNY/2025[2019-20]Status: DisposedITAT Chennai17 Jul 2025AY 2019-20

Bench: Shri S.S. Viswanethra Ravi, Hon’Ble & Shri S.R.Raghunatha, Hon’Bleआयकर अपीलसं./Ita Nos.: 453, 454, 455, 456 & 457/Chny/2025 िनधा"रण वष" / Assessment Years: 2015-16, 2016-17, 2017-18, 2018-19 & 2019-20 & Sa Nos.41, 42, 43, 44 & 45/Chny/2025 [In Ita Nos. 453, 454, 455, 456 & 457/Chny/2025]

For Appellant: Shri D. Anand, AdvocateFor Respondent: Ms. E. Pavuna Sundari, CIT
Section 131Section 142Section 142(1)Section 250Section 69

…sh flow trail, asset creation, or confirmation from payer. The Courts have consistently held that presumptions must be exercised cautiously and only in the presence of corroborative evidence. The relevant decisions include: CIT v. Daulat Ram Rawatmull [(1973) 87 ITR 349 (SC)], wherein the Hon’ble Supreme Court held that: “A presumption cannot be raised in the air — it must rest on foundational facts. Suspicion, however strong, cannot replace evidence.” 21. Therefore, the ld.AR submitted that the reliance placed by the AO and the ld.CIT(A) on entries found in a pen drive seized from Mr.Badri Narayana Choudhary (K…

Rangamani Krishnan, Chennai vs. ACIT, Central Circle-1(2), Chennai

In the result all the five appeals filed by the assessee for the A

ITA 456/CHNY/2025[2018-19]Status: DisposedITAT Chennai17 Jul 2025AY 2018-19

Bench: Shri S.S. Viswanethra Ravi, Hon’Ble & Shri S.R.Raghunatha, Hon’Bleआयकर अपीलसं./Ita Nos.: 453, 454, 455, 456 & 457/Chny/2025 िनधा"रण वष" / Assessment Years: 2015-16, 2016-17, 2017-18, 2018-19 & 2019-20 & Sa Nos.41, 42, 43, 44 & 45/Chny/2025 [In Ita Nos. 453, 454, 455, 456 & 457/Chny/2025]

For Appellant: Shri D. Anand, AdvocateFor Respondent: Ms. E. Pavuna Sundari, CIT
Section 131Section 142Section 142(1)Section 250Section 69

…sh flow trail, asset creation, or confirmation from payer. The Courts have consistently held that presumptions must be exercised cautiously and only in the presence of corroborative evidence. The relevant decisions include: CIT v. Daulat Ram Rawatmull [(1973) 87 ITR 349 (SC)], wherein the Hon’ble Supreme Court held that: “A presumption cannot be raised in the air — it must rest on foundational facts. Suspicion, however strong, cannot replace evidence.” 21. Therefore, the ld.AR submitted that the reliance placed by the AO and the ld.CIT(A) on entries found in a pen drive seized from Mr.Badri Narayana Choudhary (K…

Rangamani Krishnan, Chennai vs. ACIT, Central Circle-1(2), Chennai

In the result all the five appeals filed by the assessee for the A

ITA 455/CHNY/2025[2017-18]Status: DisposedITAT Chennai17 Jul 2025AY 2017-18

Bench: Shri S.S. Viswanethra Ravi, Hon’Ble & Shri S.R.Raghunatha, Hon’Bleआयकर अपीलसं./Ita Nos.: 453, 454, 455, 456 & 457/Chny/2025 िनधा"रण वष" / Assessment Years: 2015-16, 2016-17, 2017-18, 2018-19 & 2019-20 & Sa Nos.41, 42, 43, 44 & 45/Chny/2025 [In Ita Nos. 453, 454, 455, 456 & 457/Chny/2025]

For Appellant: Shri D. Anand, AdvocateFor Respondent: Ms. E. Pavuna Sundari, CIT
Section 131Section 142Section 142(1)Section 250Section 69

…sh flow trail, asset creation, or confirmation from payer. The Courts have consistently held that presumptions must be exercised cautiously and only in the presence of corroborative evidence. The relevant decisions include: CIT v. Daulat Ram Rawatmull [(1973) 87 ITR 349 (SC)], wherein the Hon’ble Supreme Court held that: “A presumption cannot be raised in the air — it must rest on foundational facts. Suspicion, however strong, cannot replace evidence.” 21. Therefore, the ld.AR submitted that the reliance placed by the AO and the ld.CIT(A) on entries found in a pen drive seized from Mr.Badri Narayana Choudhary (K…

Rangamani Krishnan, Chennai vs. ACIT, Central Circle-1(2), Chennai

In the result all the five appeals filed by the assessee for the A

ITA 454/CHNY/2025[2016-17]Status: DisposedITAT Chennai17 Jul 2025AY 2016-17

Bench: Shri S.S. Viswanethra Ravi, Hon’Ble & Shri S.R.Raghunatha, Hon’Bleआयकर अपीलसं./Ita Nos.: 453, 454, 455, 456 & 457/Chny/2025 िनधा"रण वष" / Assessment Years: 2015-16, 2016-17, 2017-18, 2018-19 & 2019-20 & Sa Nos.41, 42, 43, 44 & 45/Chny/2025 [In Ita Nos. 453, 454, 455, 456 & 457/Chny/2025]

For Appellant: Shri D. Anand, AdvocateFor Respondent: Ms. E. Pavuna Sundari, CIT
Section 131Section 142Section 142(1)Section 250Section 69

…sh flow trail, asset creation, or confirmation from payer. The Courts have consistently held that presumptions must be exercised cautiously and only in the presence of corroborative evidence. The relevant decisions include: CIT v. Daulat Ram Rawatmull [(1973) 87 ITR 349 (SC)], wherein the Hon’ble Supreme Court held that: “A presumption cannot be raised in the air — it must rest on foundational facts. Suspicion, however strong, cannot replace evidence.” 21. Therefore, the ld.AR submitted that the reliance placed by the AO and the ld.CIT(A) on entries found in a pen drive seized from Mr.Badri Narayana Choudhary (K…

Rangamani Krishnan, Chennai vs. ACIT, Central Circle-1(3), Chennai

In the result all the five appeals filed by the assessee for the A

ITA 453/CHNY/2025[2015-16]Status: DisposedITAT Chennai17 Jul 2025AY 2015-16

Bench: Shri S.S. Viswanethra Ravi, Hon’Ble & Shri S.R.Raghunatha, Hon’Bleआयकर अपीलसं./Ita Nos.: 453, 454, 455, 456 & 457/Chny/2025 िनधा"रण वष" / Assessment Years: 2015-16, 2016-17, 2017-18, 2018-19 & 2019-20 & Sa Nos.41, 42, 43, 44 & 45/Chny/2025 [In Ita Nos. 453, 454, 455, 456 & 457/Chny/2025]

For Appellant: Shri D. Anand, AdvocateFor Respondent: Ms. E. Pavuna Sundari, CIT
Section 131Section 142Section 142(1)Section 250Section 69

…sh flow trail, asset creation, or confirmation from payer. The Courts have consistently held that presumptions must be exercised cautiously and only in the presence of corroborative evidence. The relevant decisions include: CIT v. Daulat Ram Rawatmull [(1973) 87 ITR 349 (SC)], wherein the Hon’ble Supreme Court held that: “A presumption cannot be raised in the air — it must rest on foundational facts. Suspicion, however strong, cannot replace evidence.” 21. Therefore, the ld.AR submitted that the reliance placed by the AO and the ld.CIT(A) on entries found in a pen drive seized from Mr.Badri Narayana Choudhary (K…

Jitendra Sharma, ACIT, Circle-19(1), Mumbai vs. Kashyap Mahesh Vora, Mumbai

In the result, the appeal of the revenue bearing ITA No

ITA 4322/MUM/2024[2012]Status: DisposedITAT Mumbai10 Jul 2025

Bench: BEFOR SHRI ANIKESH BANERJEE (Judicial Member), SMT. RENU JAUHRI (Accountant Member)

For Appellant: Shri K. Gopal a/w Shri AkhileshFor Respondent: Shri Hemanshu Joshi, SR DR
Section 143(3)Section 147Section 250Section 68Section 69C

…sesee has discharged his burden by submitting all the requisite documents to prove the genuineness of the transactions in alleged penny stocks. The Hon’ble Supreme Court in the case of CIT (Central) Kolkata vs Daulat Ram 8 Shri Kashyap Mahesh Vora Rawatmull [87 ITR 349] held that the onus of proving that a transaction is bogus lies on the party claiming so, and must be strictly discharged by adducing legal evidence, which would directly prove the fact of bogusness or establish circumstance unerringly and reasonably raising an inference to that effect. Here, the Assessing Officer has offered no reasons for rejec…

Florence Agro Farms, Mumbai vs. ITO, Ward 23(1)(6), Mumbai

In the result, the appeals of the assessee for assessment year 2015-16

ITA 1555/MUM/2024[2014-15]Status: DisposedITAT Mumbai04 Jul 2025AY 2014-15

Bench: Shri Pawan Singh(Physical Hearing) Florence Agro Farms Ito, Ward-23(1)(6), Mumbai F-11, 3Rd Floor, Manek Mahal, 90, Veer Vs Piramal Chambers, Nariman Road, Churchgate Mumbai-400020. Mumbai-400020. [Pan No. Aabff5181C] Appellant / Assessee Respondent / Revenue

Section 254(1)Section 68Section 69C

…IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI BEFORE SHRI PAWAN SINGH, JUDICIAL MEMBER (Physical hearing) Florence Agro Farms ITO, Ward-23(1)(6), Mumbai F-11, 3rd Floor, Manek Mahal, 90, Veer Vs Piramal Chambers, Nariman Road, Churchgate Mumbai-400020. Mumbai-400020. [PAN No. AABFF5181C] Appellant / Assessee Respondent / Revenue Assessee by Sh. J.P. Bairagra, CA a/w Ms. Rupa Nanda, CA Revenue by Sh. Mahesh Dattatraya Londhe, Sr. DR Date of hearing 03.07.2025 Date of pronouncement 04.07.2025 Order under section 254(1) of Income Tax Act PER PAWAN SINGH, JUDICIAL MEMBER; 1. This appeal by assessee i…

Jypore Manufacturing Jewellers Private Limited, Jaipur vs. Deputy Commissioner of Income Tax, Jaipur

In the result, the appeal of the assessee is allowed

ITA 432/JPR/2025[2018-19]Status: DisposedITAT Jaipur25 Jun 2025AY 2018-19
For Appellant: Sh. S. L. Poddar, AdvFor Respondent: Mrs. Alka Gautam, CIT-DR
Section 127Section 133ASection 142(1)Section 143(2)Section 143(3)

…ITR 567/68 Taxman 344 (SC), CIT v. H.H. Maharao Bhim Singhji [1988]173 ITR 79/36 Taxman 270 (Raj.), Abdul Qayume v. CIT [1990] 184 ITR 404/50 Taxman 171 (All.), M.D. Jewellers v. CIT [1994] 208 ITR 196/73 Taxman 493 (Raj.), CIT v. Daulat Ram Rawatmull [1973] 87 ITR 349 (SC), CIT v. Pradyuman Kumar Kachhawa [1985] 156 ITR 105/23 Taxman 568 (Raj.) and K.P. Varghese v. ITO [1981] 131 ITR 597/7 Taxman 13 (SC). In the above referred cases mainly the question was involved under section 52(2) for reopening the case under section 147A/147B of the Act and the decision in the case of K.P. Varghese (supra)is a leading case…

Amit Kumar Sen, Hooghly vs. ACIT, Circle 23(1), Hooghly

In the result, appeal of the assessee is partly allowed for statistical purposes

ITA 388/KOL/2025[2017-18]Status: DisposedITAT Kolkata25 Jun 2025AY 2017-18

Bench: Shri George Mathan & Shri Sanjay Awasthiआयकर अपील सं/Ita No.388/Kol/2025 (निर्धारण वर्ा / Assessment Year : 2017-2018) Amit Kumar Sen, Vs Acit, Circle-23(1), Hooghly Sahapur, Tarakeswar, Hooghly (Wb)-712410 Pan No. :Aavfs 6967 R (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्धाररती की ओर से /Assessee By : Shri P.K.Ray, Shri S.N.Patra & Shri Trideep Nayak, Ars रधजस्व की ओर से /Revenue By : Shri Abhijit Adhikary, Addl/Cit-Sr.Dr सुनवाई की तारीख / Date Of Hearing : 25/06/2025 घोषणा की तारीख/Date Of Pronouncement : 25/06/2025 आदेश / O R D E R Per George Mathan, Jm : This Is An Appeal Filed By The Assessee Against The Order Dated 27.12.2024 Of The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Passed In Din & Order No.Itba/Nfac/S/250/2024- 25/1071619653(1) For The Assessment Year 2017-2018. 2. Shri P.K.Ray, Shri S.N.Patra & Shri Trideep Nayak, Ld. Ars Appeared On Behalf Of The Assessee. Shri Abhijit Adhikary, Ld. Sr.Dr Appeared On Behalf Of The Revenue. 3. At The Time Of Hearing, Ld. Ar Was Specifically Asked To Point Out How The Assessee Has Responded To The Chart Issued By The Assessing Officer, Which Is Recorded In Page 3 Of The Assessment Order. Other Than Referring To Various Replies That Have Been Filed By The Assessee, Which Were Uploaded From The Portal, No Specific Reply To The Said Para Was Pointed Out. Admittedly, The Assessee Has Not Been Able To Dislodge The Said Chart.

For Appellant: Shri P.K.Ray, Shri S.N.Patra and Shri Trideep Nayak, ArsFor Respondent: Shri Abhijit Adhikary, Addl/CIT-Sr.DR
Section 142(1)Section 143(2)

…icer in the current case assumed undisclosed sales based on a stock discrepancy without any concrete evidence. The Supreme Court ruled that such arbitrary additions are impermissible unless supported by tangible evidence. 3. CIT v. Daulat Ram Rawatmull (1973) 87 ITR 349 (SC): • The burden of proof is on the Revenue to show that the money or assets in question are undisclosed income. Mere 12 possession of cash or assets does not automatically imply undisclosed income. In this case, the Ld. Assessing Officer added cash deposits during demonetization as undisclosed income without establishing the source of the cash…

Manoj Kumar Khubani, Barmer vs. Dc Cen Cir 2 Jdh, Jodhpur

In the result, stands ALLOWED

ITA 376/JODH/2023[2018-19]Status: DisposedITAT Jodhpur24 Jun 2025AY 2018-19

Bench: DR. MITHA LAL MEENA (Accountant Member), DR. S. SEETHALAKSHMI (Judicial Member)

Section 143(3)Section 250

…IT 30 ITR 181 (SC), which says - S.143(3) : Assessment – Affidavit – When a statement is given in affidavit, the same is proved to be correct unless proved otherwise. The above decision was followed by the Supreme Court in in Daulat Ram Rawatmull v. CIT(1973) 87 ITR 349 (SC), wherein it was held - Once an affidavit is furnished, it should be presumed to be a correct statement of facts. If these facts are to be controverted, either the deponent must be examined or evidence contrary to facts must be led. In the absence of these the affidavits could not be ignored. The appellant would also like to place reliance in…

Assistant Commissioner of Income Tax- 4(1)(1), Mumbai vs. Ankur Agrawal, Mumbai

In the result, both the appeals filed by the Assessee are allowed

ITA 5179/MUM/2024[2012-13]Status: DisposedITAT Mumbai16 Jun 2025AY 2012-13

Bench: Shri Sandeep Gosain, () & Shri Prabhash Shankar, ()

Section 10(38)Section 250Section 68

…ransactions were non-genuine through which unaccounted money of the Appellant has routed back to the Appellant in the garb of bogus Capital Gain. However, the AO has not discharged his initial and basic onus. In the case of CIT vs. Daulat Ram Rawatmull (1973) 87 ITR 349 (SC) it was held that the onus to prove that apparent is not real is on the person who claims it to be so. 21. Judgement of Hon'ble Apex Court in case of NRA Iron & Steel Pvt. Ltd. vs PCIT:- The relevant part is reproduced below:- "8.2 As per settled law, the initial onus is on the Assessee to establish by cogent evidence the genuineness of the tr…

Akshat Loyalka, Jaipur vs. Rjn-C-(101)(1), Jaipur

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 1019/JPR/2024[2016-17]Status: DisposedITAT Jaipur27 May 2025AY 2016-17
For Appellant: Shri Mahendra Gargieya, Advocate &For Respondent: Shri Gautam Singh Choudhary, Addl. CIT-DR
Section 144BSection 147Section 234ASection 250Section 5Section 69A

…5.2 What is apparent is Real – Onus not discharged: It is a settled law that what is apparent is real unless controverted. The onus lay upon the person, who alleges that what is apparent is not real. Kindly refer CIT (Central) v/s Daulat Ram Rawatmull (1973) 87 ITR 349 (SC), followed in CIT v/s Bedi & Co. Pvt. Ltd. (1998) 230 ITR 580 (SC). In the present case, the AO has proceeded on mere suspicion, surmises and conjectures. No contrary evidence is brought on record to show/ disprove the vital fact and contention that sufficient cash was available with the assessee's as cash in hand and thus, failed to show that…

Deputy Commissioner of Income Tax, Central Circle -5(2), Mumbai, Nariman Point vs. Agv Consultants, Borivali (E), Mumbai

In the result, all the appeals filed by the revenue

ITA 4878/MUM/2023[2020-21]Status: DisposedITAT Mumbai27 May 2025AY 2020-21

Bench: Hon'Ble Shri Sandeep Gosain & Hon'Ble Shri Prabhash Shankar

Section 131Section 133ASection 250Section 68

…. As there were certain cash deposits in the bank account of the creditor, the Commissioner (Appeals) felt that the assessee had not been able to prove the creditworthiness of the creditor. The Supreme Court in the case of CIT v. Daulat Ram Rawat Mull [1973] 87 ITR 349 has held that in case a partner of the firm is not able to explain certain deposits in his name introduced in the firm, it cannot lead to a conclusion that the income belongs to the firm. The ratio of the Supreme Court's decision squarely applied to the assessee's case. On the basis of the above judicial pronouncement, it can be said that the sou…

Deputy Commissioner of Income Tax, Central Circle -5(2), Mumbai, Nariman Point vs. Agv Consultants, Borivali (E), Mumbai

In the result, all the appeals filed by the revenue stands dismissed

ITA 4872/MUM/2023[2017-18]Status: DisposedITAT Mumbai27 May 2025AY 2017-18

Bench: Hon’Ble Shri Sandeep Gosain & Hon’Ble Shri Prabhash Shankar

Section 131Section 133ASection 250Section 68

…. As there were certain cash deposits in the bank account of the creditor, the Commissioner (Appeals) felt that the assessee had not been able to prove the creditworthiness of the creditor. The Supreme Court in the case of CIT v. Daulat Ram Rawat Mull [1973] 87 ITR 349 has held that in case a partner of the firm is not able to explain certain deposits in his name introduced in the firm, it cannot lead to a conclusion that the income belongs to the firm. The ratio of the Supreme Court's decision squarely applied to the assessee's case. On the basis of the above judicial pronouncement, it can be said that the sou…

Deputy Commissioner of Income Tax, Central Circle-5(2), Mumbai, Nariman Point vs. Agv Consultants, Borivali (E), Mumbai

In the result, all the appeals filed by the revenue

ITA 4866/MUM/2023[2021-22]Status: DisposedITAT Mumbai27 May 2025AY 2021-22

Bench: Hon’Ble Shri Sandeep Gosain & Hon'Ble Shri Prabhash Shankar

Section 131Section 133ASection 250Section 68

…. As there were certain cash deposits in the bank account of the creditor, the Commissioner (Appeals) felt that the assessee had not been able to prove the creditworthiness of the creditor. The Supreme Court in the case of CIT v. Daulat Ram Rawat Mull [1973] 87 ITR 349 has held that in case a partner of the firm is not able to explain certain deposits in his name introduced in the firm, it cannot lead to a conclusion that the income belongs to the firm. The ratio of the Supreme Court's decision squarely applied to the assessee's case. On the basis of the above judicial pronouncement, it can be said that the sou…

Deputy Commissioner of Income Tax, Central Circle- 5(2), Mumbai, Nariman Point vs. Agv Consultants, Borivali (E), Mumbai

In the result, all the appeals filed by the revenue stands dismissed

ITA 4865/MUM/2023[2018-19]Status: DisposedITAT Mumbai27 May 2025AY 2018-19

Bench: Hon’Ble Shri Sandeep Gosain & Hon’Ble Shri Prabhash Shankar

Section 131Section 133ASection 250Section 68

…. As there were certain cash deposits in the bank account of the creditor, the Commissioner (Appeals) felt that the assessee had not been able to prove the creditworthiness of the creditor. The Supreme Court in the case of CIT v. Daulat Ram Rawat Mull [1973] 87 ITR 349 has held that in case a partner of the firm is not able to explain certain deposits in his name introduced in the firm, it cannot lead to a conclusion that the income belongs to the firm. The ratio of the Supreme Court's decision squarely applied to the assessee's case. On the basis of the above judicial pronouncement, it can be said that the sou…

Ashiana Buildprop Private Limited, Udaipur vs. DCIT, Central Circle-1, Udiapur, Udaipur

ITA 709/JODH/2024[2016-17]Status: DisposedITAT Jodhpur26 May 2025AY 2016-17

Bench: DR. MITHA LAL MEENA (Accountant Member), DR. S. SEETHALAKSHMI (Judicial Member)

Section 132Section 145(3)Section 153ASection 234ASection 250

…e land is a piece of evidence which cannot be discarded. The ordinary rule is that apparent state of affairs is real unless contrary is proved and the burden of proving the contrary lies on the person who assessed/alleged it Kindly refer Daulat Ram Rawat Mull 87 ITR 349 (SC). © The agreed rates are the correct rates on which the flats have been sold and such rates are also based on DLC which is legal indicative fair market value. (d) The assessee has company has not received any additional charge per flat under the project actually executed under the name and style of “Sanchi Enclaves” as has been appearing in th…

Ashiana Buildprop Private Limited, Udaipur vs. DCIT, Central Circle-1 Udaipur, Udaipur

ITA 708/JODH/2024[2015-16]Status: DisposedITAT Jodhpur26 May 2025AY 2015-16
Section 132Section 145(3)Section 153ASection 234ASection 250

…e land is a piece of evidence which cannot be discarded. The ordinary rule is that apparent state of affairs is real unless contrary is proved and the burden of proving the contrary lies on the person who assessed/alleged it Kindly refer Daulat Ram Rawat Mull 87 ITR 349 (SC). (c) The agreed rates are the correct rates on which the flats have been sold and such rates are also based on DLC which is legal indicative fair market value. (d) The assessee has company has not received any additional charge per flat under the project actually executed under the name and style of “Sanchi Enclaves” as has been appearing in…

Ashiana Buildprop Private Limited, Udaipur vs. DCIT- Central Circle-1 Udiapur, Udaipue

ITA 707/JODH/2024[2014-15]Status: DisposedITAT Jodhpur26 May 2025AY 2014-15
Section 132Section 145(3)Section 153ASection 234ASection 250

…e land is a piece of evidence which cannot be discarded. The ordinary rule is that apparent state of affairs is real unless contrary is proved and the burden of proving the contrary lies on the person who assessed/alleged it Kindly refer Daulat Ram Rawat Mull 87 ITR 349 (SC). © The agreed rates are the correct rates on which the flats have been sold and such rates are also based on DLC which is legal indicative fair market value. (d) The assessee has company has not received any additional charge per flat under the project actually executed under the name and style of “Sanchi Enclaves” as has been appearing in th…