CIT v. M.Ganapathi Mudaliar

53 ITR 623Supreme Court of India1964#976 most cited

What is CIT v. M.Ganapathi Mudaliar authority for?

Where an assessee fails to satisfactorily explain the source and nature of a credit entry in their books or unexplained money, the amount can be treated as income, and the Revenue is not required to locate its exact source.

110

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2013 to 2026.

Also referred to as

CIT v. M.Ganapathi Mudaliar · M Ganapathi Mudaliar · Section 68 · Section 69A · Section 115BBE · onus of proof · unexplained cash credit · source and nature of credit · department not required to locate source · deemed income · satisfactory explanation

Sections most often in play

Section 68Section 115BBESection 143(3)Section 153ASection 69ASection 142(1)Section 143(2)Section 144

Issues it is cited on

section 106section 155bbesection 66section 2(9)section 2(12a)surrender of incomepeak credit theorycreditworthiness of the creditorincome tax settlement commissionsection 155onus of proofsurvey under section 133a

Judgments citing CIT v. M.Ganapathi Mudaliar

Kailash Chand Maheshwari, Jaipur vs. Deputy Commissioner of Income Tax, Jaipur

ITA 1463/JPR/2024[2015-16]Status: DisposedITAT Jaipur20 May 2025AY 2015-16

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

For Appellant: Shri S. L. Poddar, AdvFor Respondent: Shri Rajesh Ojha, CIT-DR
Section 127Section 132Section 133ASection 144Section 153ASection 57Section 68Section 69C

…has failed to prove satisfactorily the source and nature of a credit entry in his books, and it is held that the relevant amount is the income of the assesse, it is not necessary for the department to locate its exact source CIT v. M.Ganapathi Mudaliar [1964] 53 ITR 623 (SC), A. Govindarajulu Mudaliar v. CIT [1958] 34 ITR 807 (SC). (iii) The explanation of the assesse is to be seen in totality and as a whole and the same can either be found satisfactory or not satisfactory as a whole. The story or the explanation of the assessee cannot be modified to allow relief. It is possible that a single material fact or si…

Candor Infratech P.Ltd, New Delhi vs. ACIT, Circle-5(2), New Delhi

Appeal is allowed in above terms

ITA 2192/DEL/2018[2010-11]Status: DisposedITAT Delhi16 May 2025AY 2010-11

Bench: Sh. Satbeer Singh Godara & Sh. M. Balaganeshita No. 2192/Del/2018 : Asstt. Year : 2010-11 Candor Infratech Pvt. Ltd., Vs Acit, Sf-2, Bhikaji Kama Bhawan, Bhikaji Circle-5(2), Kama Place, New Delhi-110066 New Delhi-110002 (Appellant) (Respondent) Pan No. Aadcc4093R Assessee By : Sh. G. V. N. Hari, Adv. Revenue By : Sh. Surender Pal, Cit-Dr Date Of Hearing: 07.04.2025 Date Of Pronouncement: 16.05.2025 Order Per Satbeer Singh Godara: This Assessee’S Appeal For Assessment Year 2010-11, Arises Against The Cit(A)-12, New Delhi’S In Case No. 46/17-18 Dated 15.12.2017, In Proceedings U/S 148/143(3) Of The Income Tax Act, 1961 (In Short “The Act”).

For Appellant: Sh. G. V. N. Hari, AdvFor Respondent: Sh. Surender Pal, CIT-DR
Section 148Section 151

…of a valid approval of the prescribed authority u/s 151 of the Act. 2 Candor Infratech Pvt. Ltd. 4. Learned CIT-DR on the other hand vehemently submits in light of A. Govindarajulu Mudaliar Vs. CIT (1958) 34 ITR 807 (SC), CIT Vs. M. Ganapathi Mudaliar (1964) 53 ITR 623 (SC), ITO Vs. Lakhmani Mewal Das (1976) 103 ITR 437 (SC), ITO Vs. Biju Patnaik (1991) 188 ITR 247 (SC), ITO Vs. Purushottam Das Bangur (1997) 224 ITR 362 (SC) and Sonia Gandhi Vs. ACIT (2018) 407 ITR 594 (Del.) that neither the prescribed authorities’ above section 151 approval could be held as bad in the eyes of law nor the assessee is entitled t…

Kath Brothers, Jaipur vs. ACIT, Central Circle-3, Jaipur

In the result, the appeal of the assessee is allowed

ITA 77/JPR/2025[2019-20]Status: DisposedITAT Jaipur28 Apr 2025AY 2019-20

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

For Appellant: Sh. Shrawan Kumar Gupta, AdvFor Respondent: Sh. Anoop Singh, Addl. CIT
Section 115BSection 133ASection 143(2)Section 143(3)Section 145(3)Section 234ASection 69

…of such proof, the Income-tax Officer is entitled to treat it as taxable income: see A. Govindarajulu Mudaliar v. Commissioner of Income-tax [1958] 34 ITR 807 (SC)". As per judgements of Hon'ble Supreme Court in the case of CIT v. M.Ganapathi Mudaliar [1964] 53 ITR 623 (SC)/A. Govindarajulu Mudaliar v. CIT [1958] 34 ITR 807 (SC), where the assessee has failed to prove satisfactorily the source and nature of a credit entry in his books, and it is held that the relevant amount is the income of the assesse, it is not necessary for the department to locate its exact source. Referring to the above judgements of Hon'…

Prakash Chand Varindani, Jaipur vs. ACIT Certal Cirlce-3, Jaipur

In the result, the appeal of the assessee is allowed

ITA 1146/JPR/2024[2017-18]Status: DisposedITAT Jaipur09 Apr 2025AY 2017-18

Bench: Him. 2

For Appellant: Sh. Abhishek Soni, CAFor Respondent: Mrs. Swapnil Parihar, JCIT-DR
Section 144Section 40A(3)Section 68

…as failed to prove satisfactorily the source and nature of a credit entry in his books, and it is held that the relevant amount is the income of the assesse, it is not necessary for the department to locate its exact source (CIT v. M.Ganapathi Mudallar [1964] 53 ITR 623 (SC)/A. Govindarajulu Mudaliar v. CIT [1958] 34 ITR 807 (SC)). In the case of Roshan Di Hatti v. Commissioner of Income-tax [1977] 107 ITR 938 (SC)[08-03-1977] it is held by the Hon'ble Supreme Court as under- "Now, the law is well settled that the onus of proving the source of a sum of money found to have been received by an assessee is on him. I…

Ridhiraj Builders, Jaipur vs. Deputy Commissioner of Income Tax, Circle-6, Ncrb, Jaipur

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

ITA 1167/JPR/2024[2015-16]Status: DisposedITAT Jaipur18 Mar 2025AY 2015-16

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri Surendra Sha, C.AFor Respondent: Shri Dinesh Badgujar, Addl.CIT a
Section 115BSection 127Section 142(1)Section 143(2)Section 143(3)Section 271(1)(c)Section 274Section 68

…an 558 (SC) [11-03-2022), and also in the cases of Roshan Di Hatti v. Commissioner of Income- tax [1977] 107 ITR 938 (SC)[08-03-1977), Kale Khan Mohammad Hanif v. Commissioner of Income-tax [1963] 50 ITR 1 (SC)[08-02- 1963), CIT v. M.Ganapathi Mudaliar [1964] 53 ITR 623 (SC), A. Govindarajulu Mudaliar v. CIT [1958] 34 ITR 807 (SC), there can be no dispute in the facts of the present case regarding the applicability of sections 69 and 69A and section 115BBE of the Act. The unexplained cash loans are hereby held as taxable as per section 69 of the Act. Alternatively, the unexplained money which was given/used in gi…

ACIT, Central Circle, Alwar vs. Sh. Tara Chand Gupta, Alwar

In the result the appeal filed by the revenue in ITA no

ITA 514/JPR/2024[2017-18]Status: DisposedITAT Jaipur10 Mar 2025AY 2017-18

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM आयकर अपील सं./ITA. Nos.447 to 449/JP/2024 निर्धारण वर्ष / Assessment Years : 2015-16 to 2017-18 Shri Tarachand Gupta 9 Keshav Nagar Sch 13, Alwar बनाम ACIT, Vs. Central Circle, Alwar स्थायी लेखा सं./ जीआईआर सं./PAN/GIR No.: AAYPC 5777 E अपीलार्थी / Appellant प्रत्यर्थी / Respondent आयकर अपील सं./ITA. No. 514/JP/2024 निर्धारण वर्ष / Assessment Year : 2017-18 ACIT, Central Circle, Alwar बनाम Shri Tarachand Gupta 9 Kesh

For Appellant: Sh. P. C. Parwal, C.AFor Respondent: Sh. Arvind Kumar, CIT-DR a
Section 143(3)Section 68Section 69C

…that the sale proceeds are either in the form of unexplained cash taxable u/s 69A or in the form of unexplained debtors/ unexplained investment not recorded in books taxable u/s 69 of the Act. It is held accordingly. As per CIT v. M.Ganapathi Mudaliar [1964] 53 ITR 623 (SC), A. Govindarajulu Mudaliar v. CIT [1958] 34 ITR 807 (SC), the complete onus is on the assessee. The Ld. AR alternatively argued that the AO treated the entire sales as income whereas it is a settled law that in case of out of books sales only the gross profit there on can be taxed. For this he relied on various cases. In this regard the app…

Sh. Tarachand Gupta, Alwar vs. ACIT, Central Circle, Alwar

In the result the appeal filed by the revenue in ITA no

ITA 449/JPR/2024[2017-18]Status: DisposedITAT Jaipur10 Mar 2025AY 2017-18

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM आयकर अपील सं. / ITA. Nos.447 to 449/JP/2024 निर्धारण वर्ष / Assessment Years : 2015-16 to 2017-18 Shri Tarachand Gupta 9 Keshav Nagar Sch 13, Alwar बनाम Vs. ACIT, Central Circle, Alwar स्थायी लेखा सं./ जीआईआर सं./PAN/GIR No.: AAYPC 5777 E अपीलार्थी / Appellant प्रत्यर्थी / Respondent आयकर अपील सं./ITA. No. 514/JP/2024 निर्धारण वर्ष / Assessment Year : 2017-18 ACIT, Central Circle, Alwar बनाम Shri Tarachand Gupta 9 Ke

For Appellant: Sh. P. C. Parwal, C.AFor Respondent: Sh. Arvind Kumar, CIT-DR a
Section 143(3)Section 68Section 69C

…that the sale proceeds are either in the form of unexplained cash taxable u/s 69A or in the form of unexplained debtors/ unexplained investment not recorded in books taxable u/s 69 of the Act. It is held accordingly. As per CIT v. M.Ganapathi Mudaliar [1964] 53 ITR 623 (SC), A. Govindarajulu Mudaliar v. CIT [1958] 34 ITR 807 (SC), the complete onus is on the assessee. The Ld. AR alternatively argued that the AO treated the entire sales as income whereas it is a settled law that in case of out of books sales only the gross profit there on can be taxed. For this he relied on various cases. In this regard the app…

Sh. Tarachand Gupta, Alwar vs. ACIT, Central Circle, Alwar

In the result the appeal filed by the revenue in ITA no

ITA 448/JPR/2024[2016-17]Status: DisposedITAT Jaipur10 Mar 2025AY 2016-17
For Appellant: Sh. P. C. Parwal, C.AFor Respondent: Sh. Arvind Kumar, CIT-DR
Section 143(3)Section 68Section 69C

…that the sale proceeds are either in the form of unexplained cash taxable u/s 69A or in the form of unexplained debtors/ unexplained investment not recorded in books taxable u/s 69 of the Act. It is held accordingly. As per CIT v. M.Ganapathi Mudaliar [1964] 53 ITR 623 (SC), A. Govindarajulu Mudaliar v. CIT [1958] 34 ITR 807 (SC), the complete onus is on the assessee. The Ld. AR alternatively argued that the AO treated the entire sales as income whereas it is a settled law that in case of out of books sales only the gross profit there on can be taxed. For this he relied on various cases. In this regard the appel…

Sh. Tarachand Gupta, Alwar vs. ACIT, Central Circle, Alwar

In the result the appeal filed by the revenue in ITA no

ITA 447/JPR/2024[2015-16]Status: DisposedITAT Jaipur10 Mar 2025AY 2015-16
For Appellant: Sh. P. C. Parwal, C.AFor Respondent: Sh. Arvind Kumar, CIT-DR
Section 143(3)Section 68Section 69C

…that the sale proceeds are either in the form of unexplained cash taxable u/s 69A or in the form of unexplained debtors/ unexplained investment not recorded in books taxable u/s 69 of the Act. It is held accordingly. As per CIT v. M.Ganapathi Mudaliar [1964] 53 ITR 623 (SC), А. Govindarajulu Mudaliar v. CIT [1958] 34 ITR 807 (SC), the complete onus is on the assessee. The Ld. AR alternatively argued that the AO treated the entire sales as income whereas it is a settled law that in case of out of books sales only the gross profit there on can be taxed. For this he relied on various cases. In this regard the appel…

Paras Mal Jain, Jaipur vs. Deputy Commissioner of Income Tax, Central Circle-1, Jaipur

In the result, the appeal of the assessee is allowed

ITA 1469/JPR/2024[2014-15]Status: DisposedITAT Jaipur26 Feb 2025AY 2014-15
For Appellant: Shri R.K. Bhatra, CAFor Respondent: Shri Arvind Kumar, CIT-DR (Thru' V.C.)
Section 132(1)Section 142(1)Section 143Section 143(3)Section 271A

…discharged satisfactorily, it is open to the Revenue to hold that it is income of the assessee and no further burden lies on the Ravenue to show that income is from any other particular source. [As per pimciple laid down in CIT v. M.Ganapathi Mudaliar [1964] 53 ITR 623 (SC)/A. Govindarajulu Mudaliar v. CIT [1958] 34 ITR 807 (SC)). (iii) Unexplained cash / unexplained investment cannot be presumed to be business income. If the assesse claims so, the assesse is required to prove the same Hon'ble Supreme Court in the case of Commissioner of Income-tax v. Devi Prasad Vishwanath [1969] 72 ITR 194 (SC)(01-08-1968) Mak…

Kiran Fine Jewellers Private Limited, Jaipur vs. Deputy Commissioner of Income Tax, Central Circle-2, Jaipur

In the result ground no 2 raised by the assessee is allowed

ITA 648/JPR/2024[2017-18]Status: DisposedITAT Jaipur25 Feb 2025AY 2017-18

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

For Appellant: Sh. S. R. Sharma, CA &For Respondent: Sh. P. P. Meena, CIT-Th. V.H
Section 115BSection 143(3)Section 145(3)Section 68Section 69A

…of such proof, the Income-tax Officer is entitled to treat it as taxable income: see A. Govindarajulu Mudaliar v. Commissioner of Income-tax [1958] 34 ITR 807 (SC)". As per judgements of Hon'ble Supreme Court in the case of CIT v. M.Ganapathi Mudaliar [1964] 53 ITR 623 (SC)/A. Govindarajulu Mudaliar v. CIT [1958] 34 ITR 807 (SC), where the assessee has failed to prove satisfactorily the source and nature of a credit entry in his books, and it is held that the relevant amount is the income of the assessee, it is not necessary for the department to locate its exact source. Referring to the above judgements of Hon…

Dy. CIT, Corporate Circle-1, Coimbatore vs. M/S Rkr Gold Pvt Ltd., Coimbatore

In the result, appeal filed by the Revenue is dismissed

ITA 10/CHNY/2023[2017-18]Status: DisposedITAT Chennai24 Feb 2025AY 2017-18

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकर अपील सं./Ita No.: 10/Chny/2023 िनधा"रण वष" / Assessment Year: 2017-18 M/S. Rkr Gold Pvt Ltd., Deputy Commissioner Of V. No. 169, T.V. Samy Road West, Income Tax, R.S. Puram, Coimbatore South, Corporate Circle-1, Aayakar Coimbatore – 641 002. Bhavan, [Pan: Aadcr-4414-M] 63, Race Course Road, Coimbatore – 641 018. (अपीलाथ"/Appellant) (""यथ"/Respondent) : Shri.R.Clement Ramesh, Cit अपीलाथ" क" ओर से/Appellant By ""यथ" क" ओर से/Respondent By : Shri.N.Arjun Raj, Advocate & Shri Girish Kumar, Advocate सुनवाई क" तारीख/Date Of Hearing : 19.02.2025 घोषणा क" तारीख/Date Of Pronouncement : 24.02.2025 आदेश /O R D E R

For Respondent: Shri.N.Arjun Raj, Advocate &
Section 142(1)Section 143(2)Section 69A

…आयकर अपीलीय अिधकरण, ‘सी’ "यायपीठ, चे"ई IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH, CHENNAI "ी एबी टी वक", "याियक सद"य एवं "ी एस. आर. रघुनाथा, लेखा सद"य के सम" BEFORE SHRI ABY T VARKEY, HON’BLE JUDICIAL MEMBER AND SHRI S. R. RAGHUNATHA, HON’BLE ACCOUNTANT MEMBER आयकर अपील सं./ITA No.: 10/Chny/2023 िनधा"रण वष" / Assessment Year: 2017-18 M/s. RKR Gold Pvt Ltd., Deputy Commissioner of v. No. 169, T.V. Samy Road West, Income Tax, R.S. Puram, Coimbatore South, Corporate Circle-1, Aayakar Coimbatore – 641 002. Bhavan, [PAN: AADCR-4414-M] 63, Race Course Road, Coimbatore – 641 018. (अपीलाथ"/Appellant) (""यथ"/Respo…

DCIT, Jaipur vs. Amrapali Jewels Pvt. Ltd., Jaipur

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

ITA 740/JPR/2024[2021]Status: DisposedITAT Jaipur19 Feb 2025

Bench: Him.

For Appellant: Sh. Sanjay Jhanwar, Sr. AdvFor Respondent: Mrs. Alka Gautam, CIT-DR
Section 143(3)Section 145(3)Section 153DSection 251Section 69B

…urt as under:- x x x x In the case of Kale Khan Mohammad Hanif v. CIT [1963] 50 ITR 1 (SC) [08.02.1963] it is held by the Hon’ble Supreme Court as under:- x x x x As per judgments of Hon’ble Supreme Court in the case of CIT vs. M. Ganapathi Mudaliar (1964) 53 ITR 623 (SC)/A. Govindarajulu Mudaliar. V. CIT [1958] 34 ITR 807 (SC), where the assessee has failed to provide satisfactorily the source and nature of a credit entry in his books, and it is held that the relevant amount is the income of the assessee, it is not necessary for the department to locate its exact source. Referring to the above judgments of H…

Jagdish Kumar Arora, Bhawanimandi vs. DCIT, Central Circle- Kota, Kota

In the result, the appeal of the assessee is allowed

ITA 1195/JPR/2024[2017-18]Status: DisposedITAT Jaipur11 Feb 2025AY 2017-18

Bench: SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member), SHRI NARINDER KUMAR (Judicial Member)

For Appellant: Sh. Shrawan Kumar Gupta, AdvFor Respondent: Mrs. Anita Rinesh, JCIT-Sr. DR
Section 115BSection 143(3)Section 145(3)Section 234ASection 69

…Court as under:- x x x x In the case of Kale Khan Mohammad Hanif vs. CIT [1963] 50 ITR 1 (SC) [08.02.1963] it is held by the Hon’ble Supreme Court as under:- x x x x As per judgments of Hon’ble Supreme Court in the case of CIT v. M. Ganpathi Mudaliar [1964] 53 ITR 623 (SC)/A. Govindarajulu Mudaliar v. CIT [1958] 34 ITR 807 (SC), where the assessee has failed to prove satisfactorily the source and nature of a credit entry in his books and it is held that the relevant amount is the income of the assessee, it is not necessary for the department to locate its extract source. Referring to the above judgments of Hon’…

Income Tax Officer, Ward 4(1), Raipur vs. Bhagyaarna Gems and Jewellery Private Limited, Kolkata

ITA 12/RPR/2021[2012-13]Status: DisposedITAT Raipur31 Jan 2025AY 2012-13

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita No.12/Rpr/2021 "नधा"रण वष" / Assessment Year : 2012-13 The Income Tax Officer-4(1), Raipur (C.G.)

For Appellant: Shri Sunil Kumar Agrawal, CAFor Respondent: Dr. Priyanka Patel, Sr. DR &
Section 143(3)Section 250(4)Section 68

…ircumstances of the case, the Ld. CITIA) was justified in deleting the addition which is contrary to the ratio of the decisions of Hon'ble Supreme Court in the case of A. Govindarajulu Mudaliar Va CIT (1958) 34 ITR 807 (SC), CIT Vs M.Ganapathi Mudaliar (1964) 53 ITR 623 (SC), which clearly states that where the assessee failed to prove satisfactorily the source and nature of a credit entry in his books, and it is held that the relevant amount is the income of the assessee, it is not necessary for the Department to locate its exact source?" 6. Whether on points of law and on facts & circumstances of the case, the…

Deputy Commissioner of Income-Tax, Coimbatore vs. Ms Viswa and Devji Diamonds Pvt Ltd, Coimbatore

In the result, appeal filed by the Revenue stands dismissed

ITA 327/CHNY/2024[2017-18]Status: DisposedITAT Chennai10 Jan 2025AY 2017-18

Bench: Hon’Ble Shri Manu Kumar Giri & Hon’Ble Shri S.R. Raghunathaआयकर अपील सं./Ita No.327/Chny/2024 िनधा"रण वष"/Assessment Year: 2017-2018. The Deputy Commissioner Viswa & Devji Diamonds Pvt Ltd, Of Income Tax, Vs. New No.16,Old No.239, Corporate Circle 1, T.V.Swamy Road (East) Coimbatore R.S. Puram, Coimbatore 641 002. Pan: Aaccv 4942M

For Appellant: Shri Nilay Baran Som, IRS, CITFor Respondent: Shri N. Arjun Raj, Advocate
Section 143(3)

…o prove satisfactorily the source and nature of a credit entry in his books, and it is held that the relevant amount is the income of the assessee, it is not necessary for the department to locate its exact source as held in CIT v. M.Ganapathi Mudaliar [1964] 53 ITR 623 (SC)/A. Govindarajulu Mudaliar v. CIT [1958] 34 ITR 807 (SC). 2.10. In the circumstances, the cash deposit of amounting to Rs. 8,41,81,000/- (11,42,82,500-3,01,01,500) in SBN's is brought to tax as unexplained money u/s 69A and charged to tax u/s 115BBE of the IT Act 1961. Penalty proceedings u/s 271AAC is initiated separately. 3.0 Since the cash…

Inder Kumar Vaswani, Jaipur vs. Deputy Commissioner of Income Tax, Central Circle-3, Jaipur

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

ITA 998/JPR/2024[2018-19]Status: DisposedITAT Jaipur01 Jan 2025AY 2018-19

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri R.K. Bhatra, C.AFor Respondent: Smt. Anita Rinesh, JCIT-DR
Section 127Section 143(2)

…आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES,”A” JAIPUR MkWa- ,l-lhrky{eh] U;kf;d lnL; ,oa Jh jkBksM deys'k t;UrHkkbZ] ys[kk lnL; ds le{k BEFORE: DR. S. SEETHALAKSHMI, JM & SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA. No. 998/JPR/2024 fu/kZkj.k o"kZ@Assessment Years : 2018-19 cuke Shri Inder Kumar Vaswani Deputy Commissioner of Income 110-113 Gomes Defence Colony, Vs. Tax, Gautam Marg, Vaishali Nagar, Central Circle-3, Jaipur. Jaipur LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AEHPV5795G vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Asse…

Raj Kumari Agarwal, Jaipur vs. ACIT Cen Cir 2, Jaipur

ITA 1024/JPR/2024[2017-18]Status: DisposedITAT Jaipur26 Dec 2024AY 2017-18

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

For Appellant: Sh. S. L. Poddar, AdvFor Respondent: Smt Hitiesha Ruhela, Addl.CIT
Section 115BSection 133(6)Section 142(1)Section 143(2)Section 143(3)Section 68

…as failed to prove satisfactorily the source and nature of a credit entry in his books, and it is held that the relevant amount is the income of the assesse, it is not necessary for the department to locate its exact source (CIT v. M.Ganapathi Mudaliar [1964] 53 ITR 623 (SC)/A. Govindarajulu Mudaliar v. CIT [1958] 34 ITR 807 (SC)). In the case of Roshan Di Hatti v. Commissioner of Income-tax [1977] 107 ITR 938 (SC)[08-03-1977] it is held by the Hon'ble Supreme Court as under:- "Now, the law is well settled that the onus of proving the source of a sum of money found to have been received by an assessee is on him…

Yuwam Education Pvt. Ltd., Jaipur vs. DCIT, Circle-6, Jaipur

ITA 1029/JPR/2024[2016-17]Status: DisposedITAT Jaipur20 Dec 2024AY 2016-17

Bench: SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member), SHRI NARINDER KUMAR (Judicial Member)

For Appellant: Sh. P. C. Parwal, CAFor Respondent: Mrs. Anita Rinesh, JCIT-Sr. DR
Section 115BSection 143(2)Section 143(3)

…आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES,”A” JAIPUR Jh jkBkSM+ deys'k t;UrHkkbZ] ys[kk lnL; ,o Jh ujsUnz dqekj] U;kf;d lnL; ds le{k BEFORE: SHRI RATHOD KAMLESH JAYANTBHAI, AM & SHRI NARINDER KUMAR, JM vk;dj vihy la-@ITA No.1029/JP/2024 fu/kZkj.k o"kZ@Assessment Year : 2016-17 cuke Yuwam Education Private Ltd. The DCIT, Vs. G-3 Prisom Tower, Opposite Old Circle-06, Subzi Mandi Lalkothi, Jaipur Jaipur LFkk;hys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAACY 5912 G vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@Assessee by : Sh. P. C. Parwal, CA jktLo d…

Yogesh Ginning Mill, Prop. Yogesh Chand Gupta, Govindgarh vs. ACIT, Circle I, Alwar

In the result, the appeals filed by the assessee are allowed

ITA 540/JPR/2024[2018-19]Status: DisposedITAT Jaipur12 Dec 2024AY 2018-19

Bench: This Tribunal Which Were Passed By The Commissioner Of Income Tax (Appeal)- 4, Jaipur [ For Short Cit(A) ] Passed On Dates & F For The Assessment Years Mentioned As Tabulated Here In Below, In Turn Those Orders Were Arises Because The Assessee Has Yogesh Ginning Mill Vs. Acit

For Appellant: Shri Paridhi Jain, AdvFor Respondent: Shri Gajendra Singh (Addl.CIT) a
Section 143(2)Section 143(3)Section 145(3)Section 250Section 68

…of such proof, the Income-tax Officer is entitled to treat it as taxable income: see A Govindarajulu Mudaliar v. Commissioner of Income-tax [1958] 34 ITR 807 (SC)". As per judgements of Hon'ble Supreme Court in the case of CIT v. M.Ganapathi Mudaliar [1964] 53 ITR 623 (SC)/A. Govindarajulu Mudaliar v. CIT [1958] 34 ITR 807 (SC), where the assessee has failed to prove satisfactorily the source and nature of a credit entry in his books, and it is held that the relevant amount is the income of the assesse, it is not necessary for the department to locate its exact source. Referring to the above judgements of Hon'…