CIT v. K. Chinnathamban

292 ITR 682Supreme Court of India2007#2231 most cited

What is CIT v. K. Chinnathamban authority for?

The expression "income" as used in Section 69A has a wide meaning, encompassing anything that comes in or results in gain. The onus of proving the satisfactory source of unexplained money or deposits primarily rests on the assessee.

52

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2017 to 2025.

Also referred to as

CIT v. K. Chinnathamban · K. Chinnathamban · Section 69A · unexplained money · onus of proof · source of deposit · satisfactory explanation · wide meaning of income · addition under Section 69A · evidentiary burden

Issues it is cited on

Judgments citing CIT v. K. Chinnathamban

ASSISTANT COMMISSIONER OF INCOME TAX, MADURAI vs. ARUL RAJA, TUTICORIN

In the result the appeal filed by the Revenue is dismissed

ITA 2845/CHNY/2024[2021]Status: DisposedITAT Chennai03 Apr 2025

Bench: Shri S.S. Viswanethra Ravi, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं/.Ita No.: 2845/Chny/2024 िनधा"रणवष" / Assessment Year: 2021-22 Assistant Commissioner Of Arul Raja, Income Tax, V. 43J, Saint Peter Koil Street, Central Circle -2, Tuticorin – 628 001. Madurai – 625 002. [Pan: Aevpr-9611-K] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri. Y. Sridhar, F.C.A ""थ" की ओर से/Respondent By : Dr.M.D. Vijay Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 04.03.2025 घोषणा की तारीख /Date Of Pronouncement : 03.04.2025 आदेश/ O R D E R Per S. R. Raghunatha: This Appeal Filed By The Revenue Is Directed Against The Order Passed By The Learned Commissioner Of Income Tax (Appeals)-19, Chennai, Dated 09.09.2024 & Pertains To Assessment Year 2021-22. 2. The Revenue Has Raised The Following Grounds Of Appeal: 1. The Order Of The Learned Commissioner Of Income Tax (Appeals) Is Erroneous On Facts Of The Case & In Law. 2. The Ld. Cit (A) Erred In Deleting The Addition Of Rs.67,96,000/- Made Towards Unexplained Money U/S.69A. 2.1 The Ld. Cit (A) Erred In Holding That The Statement Made By The Assessee That The Source For The Cash· Was Withdrawals From Banks As A Plausible Explanation In The Absence Of Proof Evidencing The Transactions & Wrongly Observed That Burden Of Proof Shifted To The Assessing Officer.

For Appellant: Shri. Y. Sridhar, F.C.A ""For Respondent: Dr.M.D. Vijay Kumar, JCIT
Section 131Section 132Section 143(3)Section 69A

…in hand as per the cash book. In order to sustain the addition, the AO should have proved that the seized cash emanates from any other source with cogent and corroborative evidence. Further the Hon'ble Apex Court in the case of CIT Vs. K. Chinnathamban (2007) 292 ITR 682 (SC) has held that if the assessee explains the source of the money satisfactorily, the addition under Section 69A cannot be made. 6.3.7 In view of the above discussion and judicial decision relied upon, the undersigned is of the considered view that there exist no case to sustain the addition made by the AO without there being any findings that…

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CIT v. K. Chinnathamban (292 ITR 682) — Cited in 52 Judgments | BharatTax