CIT v. Kesarwani Sheetalaya

418 ITR 369Reported decision#10609 most cited

What is CIT v. Kesarwani Sheetalaya authority for?

No addition can be made under Section 68 or 69A for cash in hand found if it is less than the cash shown in the books of accounts.

10

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2022 to 2022.

Also referred to as

CIT v. Kesarwani Sheetalaya · Kesarwani Sheetalaya Sahson · Section 68 · Section 69A · cash in hand · addition to income · books of accounts

Issues it is cited on

section 35acsection 10(22)section 11(4)section 115bbcsection 35asection 2(45)anonymous donationsection 60section 11(4a)rectification under section 154corpus fundsection 13(3)

Judgments citing CIT v. Kesarwani Sheetalaya

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

…der the relevant statute have taken any action against the assessee alleging that it has violated the provisions of Prohibition of Capitation Fee Act, 1984. The assessee relies on the decision of the Hon'ble Allahabad High Court in CIT v. Kesarwani Sheetalaya 418 ITR 369 for the proposition that if the authorities constituted under a particular statute did not take any action, there is no violation. The assessee also relied on the decision of the Hon'ble Karnataka High Court in CIT(LTU) & Another Vs IBM Global Services India Pvt Ltd 429 ITR 386. Since the authorities entrusted with the statutory responsibility to…

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 65/BANG/2018[2013-14]Status: DisposedITAT Bangalore29 Aug 2022AY 2013-14

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

…der the relevant statute have taken any action against the assessee alleging that it has violated the provisions of Prohibition of Capitation Fee Act, 1984. The assessee relies on the decision of the Hon'ble Allahabad High Court in CIT v. Kesarwani Sheetalaya 418 ITR 369 for the proposition that if the authorities constituted under a particular statute did not take any action, there is no violation. The assessee also relied on the decision of the Hon'ble Karnataka High Court in CIT(LTU) & Another Vs IBM Global Services India Pvt Ltd 429 ITR 386. Since the authorities entrusted with the statutory responsibility to…

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 64/BANG/2018[2012-13]Status: DisposedITAT Bangalore29 Aug 2022AY 2012-13

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

…der the relevant statute have taken any action against the assessee alleging that it has violated the provisions of Prohibition of Capitation Fee Act, 1984. The assessee relies on the decision of the Hon'ble Allahabad High Court in CIT v. Kesarwani Sheetalaya 418 ITR 369 for the proposition that if the authorities constituted under a particular statute did not take any action, there is no violation. The assessee also relied on the decision of the Hon'ble Karnataka High Court in CIT(LTU) & Another Vs IBM Global Services India Pvt Ltd 429 ITR 386. Since the authorities entrusted with the statutory responsibility to…

Assistant Commissioner of Income Tax Central Circle-2(2), Bangalore vs. Sri V C Charantimath, Bagalkot

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

ITA 236/BANG/2018[2013-14]Status: DisposedITAT Bangalore29 Aug 2022AY 2013-14

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

…der the relevant statute have taken any action against the assessee alleging that it has violated the provisions of Prohibition of Capitation Fee Act, 1984. The assessee relies on the decision of the Hon'ble Allahabad High Court in CIT v. Kesarwani Sheetalaya 418 ITR 369 for the proposition that if the authorities constituted under a particular statute did not take any action, there is no violation. The assessee also relied on the decision of the Hon'ble Karnataka High Court in CIT(LTU) & Another Vs IBM Global Services India Pvt Ltd 429 ITR 386. Since the authorities entrusted with the statutory responsibility to…

Assistant Commissioner of Income Tax Central Circle-2(2), Bangalore vs. Sri.V.C.Charantimath, Bagalkot

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

ITA 235/BANG/2018[2012-13]Status: DisposedITAT Bangalore29 Aug 2022AY 2012-13

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

…der the relevant statute have taken any action against the assessee alleging that it has violated the provisions of Prohibition of Capitation Fee Act, 1984. The assessee relies on the decision of the Hon'ble Allahabad High Court in CIT v. Kesarwani Sheetalaya 418 ITR 369 for the proposition that if the authorities constituted under a particular statute did not take any action, there is no violation. The assessee also relied on the decision of the Hon'ble Karnataka High Court in CIT(LTU) & Another Vs IBM Global Services India Pvt Ltd 429 ITR 386. Since the authorities entrusted with the statutory responsibility to…

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

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

ITA 234/BANG/2018[2013-14]Status: DisposedITAT Bangalore29 Aug 2022AY 2013-14

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

…der the relevant statute have taken any action against the assessee alleging that it has violated the provisions of Prohibition of Capitation Fee Act, 1984. The assessee relies on the decision of the Hon'ble Allahabad High Court in CIT v. Kesarwani Sheetalaya 418 ITR 369 for the proposition that if the authorities constituted under a particular statute did not take any action, there is no violation. The assessee also relied on the decision of the Hon'ble Karnataka High Court in CIT(LTU) & Another Vs IBM Global Services India Pvt Ltd 429 ITR 386. Since the authorities entrusted with the statutory responsibility to…

Sri Basaveshwar Veerashaiva Vidyavardhak Sagha, Bagalkot vs. Deputy Commissioner of Income Tax, Central Circle-2(2), Bengaluru

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

ITA 2777/BANG/2017[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

…der the relevant statute have taken any action against the assessee alleging that it has violated the provisions of Prohibition of Capitation Fee Act, 1984. The assessee relies on the decision of the Hon'ble Allahabad High Court in CIT v. Kesarwani Sheetalaya 418 ITR 369 for the proposition that if the authorities constituted under a particular statute did not take any action, there is no violation. The assessee also relied on the decision of the Hon'ble Karnataka High Court in CIT(LTU) & Another Vs IBM Global Services India Pvt Ltd 429 ITR 386. Since the authorities entrusted with the statutory responsibility to…

Sri Basaveshwar Veerashaiva Vidyavardhak Sangha, Bagalkot vs. Deputy Commissioner of Income Tax, Central Circle-2(2), Bengaluru

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

ITA 2776/BANG/2017[2013-14]Status: DisposedITAT Bangalore29 Aug 2022AY 2013-14

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

…der the relevant statute have taken any action against the assessee alleging that it has violated the provisions of Prohibition of Capitation Fee Act, 1984. The assessee relies on the decision of the Hon'ble Allahabad High Court in CIT v. Kesarwani Sheetalaya 418 ITR 369 for the proposition that if the authorities constituted under a particular statute did not take any action, there is no violation. The assessee also relied on the decision of the Hon'ble Karnataka High Court in CIT(LTU) & Another Vs IBM Global Services India Pvt Ltd 429 ITR 386. Since the authorities entrusted with the statutory responsibility to…

Sri Basaveshwar Veershaiva Vidyavardhak Sangha, Bagalkot vs. Deputy Commissioner of Income Tax, Central Circle-2(2), Bengaluru

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

ITA 2775/BANG/2017[2012-13]Status: DisposedITAT Bangalore29 Aug 2022AY 2012-13

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

…der the relevant statute have taken any action against the assessee alleging that it has violated the provisions of Prohibition of Capitation Fee Act, 1984. The assessee relies on the decision of the Hon'ble Allahabad High Court in CIT v. Kesarwani Sheetalaya 418 ITR 369 for the proposition that if the authorities constituted under a particular statute did not take any action, there is no violation. The assessee also relied on the decision of the Hon'ble Karnataka High Court in CIT(LTU) & Another Vs IBM Global Services India Pvt Ltd 429 ITR 386. Since the authorities entrusted with the statutory responsibility to…

Pegasus Properties P. Ltd., Pune vs. Dy CIT, CC-2(3), Mumbai

In the result, appeal filed by the assessee is partly allowed

ITA 943/MUM/2021[2015-16]Status: DisposedITAT Mumbai19 May 2022AY 2015-16

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Pavan Kumar Gadale, Hon'Ble

For Appellant: Shri Rajan VoraFor Respondent: Shri Dhramveer Singh
Section 153Section 153ASection 153CSection 22Section 23Section 23(4)

…see shall not be allowed as a deduction under any head of income." 62. In this regard. the Appellant wishes to place reliance on the decision of Kesarwani Sheetalaya Sahson (ITA No. 440/Alld/2012) dated 30 November 2012 approved by the Allahabad High Court in 418 ITR 369 (Copy enclosed at page 368 to 400 of the legal paperbook), which has held that no addition can be made under section 68 or 69A, when the cash in hand found is lesser than as compared to books of accounts in which the cash in hand shown is higher. The relevant extract of the findings of the High Court is as under: 38 ITA.NO. 943/MUM/2021 (A.Y: 20…