CIT v. Lachhman Das Oswal

126 ITR 446High Court1980#3861 most cited

What is CIT v. Lachhman Das Oswal authority for?

If an assessee fails to explain the source of a sum of money received or fails to prove that the receipt is not income or is exempt from tax, the Assessing Officer is entitled to treat the amount as taxable income.

30

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2025.

Also referred to as

CIT v. Lachhman Das Oswal · onus of proof · unexplained income · source of funds · taxable income · cash credits · share application money · addition to income · CIT vs Kale Khan Mohammad Hanif

Issues it is cited on

Judgments citing CIT v. Lachhman Das Oswal

SHRI DINESH SETHI,LUDHIANA vs. ITO, LUDHIANA

The appeals are dismissed

ITA 338/CHANDI/2017[2006-07]Status: DisposedITAT Chandigarh04 Aug 2025AY 2006-07

Bench: Shri Rajpal Yadav & Shri Manoj Kumar Aggarwalआयकर अपील सं./ Ita No. 376/Chd/2014 & "नधा"रण वष" / Assessment Year : 2006-07 Shri Janesh Sethi, Legal Heir Of बनाम The Ito, Late Shri Dinesh Sethi, Ward – 1(1), Vs Prop. M/S R.S. Trading Corp., Ludhiana. C-434, Urban Estate Focal Point, Ludhiana. "थायी लेखा सं./Pan /Tan No: Aaqpk1200Q अपीलाथ"/Appellant ""यथ"/Respondent "नधा"रती क" ओर से/Assessee By : Shri Sudhir Sehgal, Advocate राज"व क" ओर से/ Revenue By : Shri Manav Bansal, Cit Dr तार"ख/Date Of Hearing : 23.06.2025 उदघोषणा क" तार"ख/Date Of Pronouncement : 04.8.2025

For Appellant: Shri Sudhir Sehgal, AdvocateFor Respondent: Shri Manav Bansal, CIT DR
Section 131Section 142(1)Section 144Section 147Section 148Section 271(1)(c)Section 69A

…lain that the amount received was not income and having failed to give any evidence regarding the source of this amount, the AO was entitled to treat this amount as taxable income. Reference in this regard may be made to the case of CIT vs. Lachhman Das Oswal 126 ITR 446 (P&H) in this case the Hon'ble High Court held as under: "...the matter has since been authoritatively settled by the Supreme Court in Kale Khan Mohammad Hanif v. CIT[1963] 50 ITR I, wherein it was held (p. 4): " ... that the onus of proving the source of a sum of money found to have been received by the assessee is on him. If he disputes liabil…

SH. DINESH SETHI,LUDHIANA vs. ITO, LUDHIANA

The appeals are dismissed

ITA 376/CHANDI/2014[2006-07]Status: DisposedITAT Chandigarh04 Aug 2025AY 2006-07

Bench: Shri Rajpal Yadav & Shri Manoj Kumar Aggarwalआयकर अपील सं./ Ita No. 376/Chd/2014 & "नधा"रण वष" / Assessment Year : 2006-07 Shri Janesh Sethi, Legal Heir Of बनाम The Ito, Late Shri Dinesh Sethi, Ward – 1(1), Vs Prop. M/S R.S. Trading Corp., Ludhiana. C-434, Urban Estate Focal Point, Ludhiana. "थायी लेखा सं./Pan /Tan No: Aaqpk1200Q अपीलाथ"/Appellant ""यथ"/Respondent "नधा"रती क" ओर से/Assessee By : Shri Sudhir Sehgal, Advocate राज"व क" ओर से/ Revenue By : Shri Manav Bansal, Cit Dr तार"ख/Date Of Hearing : 23.06.2025 उदघोषणा क" तार"ख/Date Of Pronouncement : 04.8.2025

For Appellant: Shri Sudhir Sehgal, AdvocateFor Respondent: Shri Manav Bansal, CIT DR
Section 131Section 142(1)Section 144Section 147Section 148Section 271(1)(c)Section 69A

…lain that the amount received was not income and having failed to give any evidence regarding the source of this amount, the AO was entitled to treat this amount as taxable income. Reference in this regard may be made to the case of CIT vs. Lachhman Das Oswal 126 ITR 446 (P&H) in this case the Hon'ble High Court held as under: "...the matter has since been authoritatively settled by the Supreme Court in Kale Khan Mohammad Hanif v. CIT[1963] 50 ITR I, wherein it was held (p. 4): " ... that the onus of proving the source of a sum of money found to have been received by the assessee is on him. If he disputes liabil…

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CIT v. Lachhman Das Oswal (126 ITR 446) — Cited in 30 Judgments | BharatTax