How many judgments cite CIT v. M.Ganapathi Mudaliar?

110 judgments on BharatTax cite CIT v. M.Ganapathi Mudaliar (53 ITR 623), spanning 2013 to 2026.

Which sections of the Income Tax Act does CIT v. M.Ganapathi Mudaliar come up under?

It is most often cited in judgments turning on Section 68, Section 115BBE, Section 143(3), Section 153A, Section 69A, Section 142(1).

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 68 Section 115BBE Section 143(3)Section 153A Section 69A Section 142(1)Section 143(2)Section 144

Issues it is cited on

section 106 section 155bbe section 66 section 2(9)section 2(12a)surrender of income peak credit theory creditworthiness of the creditor income tax settlement commission section 155 onus of proof survey under section 133a

Judgments citing CIT v. M.Ganapathi Mudaliar

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

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

ITA 1045/JPR/2024[2017-18]Status: DisposedITAT Jaipur12 Dec 2024AY 2017-18

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'…

Mohan Lal Ashok Kumar Saraf, Jaipur vs. DCIT Cen Cir 1, Jaipur

In the result, the appeal of the assessee is allowed as indicated hereinabove

ITA 879/JPR/2024[2017-2018]Status: DisposedITAT Jaipur28 Nov 2024AY 2017-2018

For Appellant: Shri Ankit Totuka, AdvocateFor Respondent: Ms. Alka Gautam, CIT-DR

Section 143(3)Section 68

…has failed to prove satisfactonly 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- 21 MOHAN LAL ASHOK KUMAR SARRAF VS DCIT, CENTRAL CIRCLE-1 JAIPUR "Now, the law is well settled that the onus of proving the source of a su…

ACIT, Central Circle-2, Jaipur vs. Chandra Mohan Badaya, Jaipur

In the result the four appeals filed by the assessee stands

ITA 464/JPR/2024[2017-18]Status: DisposedITAT Jaipur27 Nov 2024AY 2017-18

Bench: Him In The Case Of The Assessee For All These Four Assessment Year.

For Appellant: Shri S. L. GuptaFor Respondent: Shri Ajay Malik (CIT-DR)

Section 143Section 69

…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)). Referring to the above judgements of Hon'ble Supreme Court, it is held by the Hon'ble ITAT in the case of Navin Shantilal Mehta v. Income-tax Officer, Ward- 32 (2) (4), Mumbai [2018] 90 taxmann.com 16 (Mumbai - Trib.) as under:- "3.2 As per section 68 of the Act, onus is upon the ass…

ACIT, Central Circle-2, Jaipur vs. Chandra Mohan Badaya, Jaipur

In the result the four appeals filed by the assessee stands

ITA 463/JPR/2024[2016-17]Status: DisposedITAT Jaipur27 Nov 2024AY 2016-17

Bench: Him In The Case Of The Assessee For All These Four Assessment Year.

For Appellant: Shri S. L. GuptaFor Respondent: Shri Ajay Malik (CIT-DR)

Section 143Section 69

ACIT, Central Circle-2, Jaipur vs. Chandra Mohan Badaya, Jaipur

In the result the four appeals filed by the assessee stands

ITA 462/JPR/2024[2015-16]Status: DisposedITAT Jaipur27 Nov 2024AY 2015-16

Bench: Him In The Case Of The Assessee For All These Four Assessment Year.

For Appellant: Shri S. L. GuptaFor Respondent: Shri Ajay Malik (CIT-DR)

Section 143Section 69

ACIT, CC-2, Jaipur, Income Tax Department vs. Chandra Mohan Badaya, Jaipur

In the result the four appeals filed by the assessee stands

ITA 427/JPR/2024[2014-15]Status: DisposedITAT Jaipur27 Nov 2024AY 2014-15

Bench: Him In The Case Of The Assessee For All These Four Assessment Year.

For Appellant: Shri S. L. GuptaFor Respondent: Shri Ajay Malik (CIT-DR)

Section 143Section 69

Chandra Mohan Badaya, Jaipur vs. DCIT, Central Circle-2, Jaipur

In the result the four appeals filed by the assessee stands

ITA 423/JPR/2024[2017-18]Status: DisposedITAT Jaipur27 Nov 2024AY 2017-18

Bench: Him In The Case Of The Assessee For All These Four Assessment Year.

For Appellant: Shri S. L. GuptaFor Respondent: Shri Ajay Malik (CIT-DR)

Section 143Section 69

Swaroop Narain Shiv Narain, Jaipur, Rajasthan vs. ACIT, Central Circle - 3, Jaipur, Rajasthan

ITA 517/JPR/2024[2018-19]Status: DisposedITAT Jaipur17 Oct 2024AY 2018-19

For Appellant: Shri Rajeev Sogani, CAFor Respondent: Shri Arvind Kumar, CIT-DR

Section 115BSection 127Section 143(2)Section 143(3)Section 69Section 69B

…expenditure for buying the stock in trade as found excess. In case it is claimed that it is from business income the appellant is required to show how the same is from business sources and not from any other sources." As per CIT v. M.Ganapathi Mudaliar [1964] 53 ITR 623 (SC), A. Govindarajulu Mudaliar v. CIT [1958] 34 ITR 807 (SC), the Revenue is not to find out the source and the assesse is required to explain the source with supportings. If it is out of some undisclosed purchases then the question arises from where such purchases were paid and such undisclosed money/unexplained expenditure itself is also taxabl…

Dinesh Kumar Soni, Jaipur vs. DCIT Cen Cir 1 Jaipur, Jaipur

In the result appeal filed by the assessee is allowed

ITA 863/JPR/2024[2017-18]Status: DisposedITAT Jaipur27 Sept 2024AY 2017-18

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

For Appellant: Shri Pawan Kumar Garg (C.A.)For Respondent: Smt. Monisha Choudhary (Addl.CIT) a

Section 142(1)Section 143(2)Section 143(3)Section 44ASection 68Section 69C

…s 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). (viii) The Hon'ble Supreme Court in the case of Sreelekha Banerjee v. CIT [1963] 49 ITR 112 has observed as under: 7 Sh. Dinesh Kumar Soni vs. DCIT "If there is an entry in the account books of the assessee which shows the receipt of a sum on conversion of high denomination notes ten…

Shobna Agarwal, Ajmer Road Jaipur vs. ACIT Circle-2, Jaipur

ITA 226/JPR/2024[2017-2018]Status: DisposedITAT Jaipur02 Sept 2024AY 2017-2018

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

For Appellant: Sh. Vedant Agarwal, AdvFor Respondent: Sh. A. S. Nehra, Addl. CIT

Section 115BSection 142(1)Section 143(1)Section 143(2)Section 143(3)Section 68

…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.GanapathiMudalior [1964] 53 ITR 623 (SC)/A. Govindarajulu Mudaliar v. CIT [1958] 34 ITR 807 (SC). 12 Shobna Agarwal vs ACIT-2, Jaipur 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:- x x x x In the case of Kale Khan Mohammad Hanif v. Commissioner of Income-tax [1963] 50 ITR 1 (SC)[08…

Income Tax Officer, Ward-1, Ahmednagar vs. Narendra Sampatlal Bafna, Ahmednagar

In the result, the appeal filed by the Revenue and the CO filed by the assessee are dismissed

ITA 688/PUN/2024[2017-18]Status: DisposedITAT Pune19 Aug 2024AY 2017-18

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2017-18

For Appellant: Shri Prasad BhandariFor Respondent: Shri Keyur Patel, CIT

Section 1Section 132Section 132(4)Section 143(3)

….10 crores as stated above, the CIT(A) relied on the following decisions of Sumati Dayal vs. CIT [(1995) 214 ITR 801(SC)], CIT vs. Durga Prasad More [(1969)72 ITR 807(SC], Himmatram Laxminarain vs. CIT [(1986)161 ITR 7(P&H)], CIT vs. Ganapathi Mudaliar [(1964)53 ITR 623(SC)] and CIT vs. Lacchman Dass Oswal [(1980)126 ITR 446(P&H)]. In this regard, the stand of the assessee has been that the case laws relied by the Assessing Officer are differentiable on facts and hence, the same are not applicable to the case of the assessee. In all the cases relied by the Assessing 23 CO No.25/PUN/2024 Officer, the fact that t…

Smt. Priyanka Gutpa, Alwar vs. ACIT, Central Circle, Alwar

In the result, the appeal of the assessee is allowed

ITA 143/JPR/2024[2017-18]Status: DisposedITAT Jaipur22 Jul 2024AY 2017-18

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

For Appellant: Sh. P. C. Parwal, CAFor Respondent: Sh. Arvind Kumar, CIT

Section 115BSection 127Section 132Section 139Section 142(1)Section 153CSection 68

…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). Accordingly, the Ground no. 1 of the Appeal is hereby dismissed. 10 Smt. Priyanka Gupta vs. ACIT 6. The last ground of appeal is that the appellant craves right to add, alter or amend any of the grounds of appeal. 6.1 The appellant has not added or altered any of the above mentioned g…

J C Home Tex, Jaipur vs. Assistant Commissioner of Income Tax Circle - 7, Jaipur

ITA 292/JPR/2024[2016-17]Status: DisposedITAT Jaipur10 Jul 2024AY 2016-17

For Appellant: Sh. Tarun Mittal, CA &For Respondent: Sh. Anoop Singh (Addl. CIT)

Section 133ASection 142(1)Section 143(1)Section 143(2)Section 143(3)Section 145(3)

…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 [TR 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. The above legal principles are applicable…

Gargi Global Academy Sansthan, Sikar vs. DCIT, Central Circle-2, Jaipur

In the result, both appeals of the assessee are partly allowed

ITA 260/JPR/2024[2016-17]Status: DisposedITAT Jaipur05 Jul 2024AY 2016-17

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

For Appellant: Sh. P. C. Parwal (CA)For Respondent: Sh. Anil Dhaka (CIT)

Section 115BSection 127Section 132Section 133ASection 142(1)Section 143(2)Section 143(3)Section 153CSection 69

…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) and similar legal principle is applicable to the present facts of the case pertaining to source of unexplained investment. Since the income owned up by the two individuals in the settlement proceedings are on account of receipt of fees by them and not on account of impugned cash paymen…

Vivekanda Shiksha Samiti, Palwas Road, Sikar vs. DCIT, Central Circle-2, Jaipur

In the result, both appeals of the assessee are partly allowed

ITA 203/JPR/2024[2017-18]Status: DisposedITAT Jaipur05 Jul 2024AY 2017-18

For Appellant: Sh. P. C. Parwal (CA)For Respondent: Sh. Anil Dhaka (CIT)

Section 115BSection 127Section 132Section 133ASection 142(1)Section 143(2)Section 143(3)Section 153CSection 69

…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) and similar legal principle is applicable to the present facts of the case pertaining to source of unexplained investment. Since the income owned up by the two individuals in the settlement proceedings are on account of receipt of fees by them and not on account of impugned cash payment…

M/S Satwant Agro Engineers, Bhawanigarh vs. DCIT, Central Circle, Patiala

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

ITA 753/CHANDI/2022[AY 2019-20]Status: DisposedITAT Chandigarh03 May 2024

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

For Appellant: Shri Deepak Anand, AdvocateFor Respondent: Shri Dharamvir, JCIT, Sr. DR

Section 115BSection 133ASection 143(2)Section 143(3)Section 68Section 69Section 69A

…it is open to the revenue to hold that it is the income of the assessee and no further burden lies n the revenue to show that the income is from any particular source. It has further been held by the Hon'ble Supreme Court in CIT vs. M Ganpati Mudaliar [1964] 53 ITR 623 and A Govindrajulu Mudaliar vs. CIT [1958] 34 ITR 807 that "when the assessee has failed to prove satisfactorily the source and nature of the credit entry in his books and it is held that the relevant amount is income of the assessee, it is not necessary for the department to locate its exact source." The above observations also get support from t…

ACIT, Circle 25(1), Delhi vs. Vinod Rice Meal Pvt. Ltd., Delhi

In the result, the appeal of the Revenue is dismissed

ITA 2048/DEL/2021[2012-13]Status: DisposedITAT Delhi04 Apr 2024AY 2012-13

Bench: Dr. B. R. R. Kumarms. Astha Chandra

For Appellant: Sh. K. Sampath, Adv. &For Respondent: Sh. Amit Katoch, Sr. DR

Section 133(6)Section 68

…111 ITR 951 (Cal.) and b) CIT Vs. United Commercial & Industrial Co. Private Limited [1991] 187 ITR 596 (Cal.):- “That mere tiling of confirmatory letters does not discharge the onus that ties on the assessee." viii) CIT Vs. V. M. Ganppathi Mudaliar [1964] 53 ITR 623:- “Once it is held that an amount credited in the accounts books of the assessee is the income of the assessee it is not necessary for the department to locate its exact source.” 13 Vinod Rice Meal Pvt. Ltd. ix) CIT Vs. Devi Prasad Vishwanath Prasad [1969] 72 ITR 194:- “The question again assumes that it was for the ITO to indicate the source of…

Dr. C Usha, Palakkad vs. ITO Ward-3, Palakkad

In the result, the assessee’s appeal is partly allowed and partly allowed for statistical purposes

ITA 657/COCH/2022[2013-2014]Status: DisposedITAT Cochin15 Mar 2024AY 2013-2014

Bench: Shri Sanjay Arora & Dr. Seethalakshmidr. C. Usha Income Tax Officer Modern Hospital Ward -3, Palakkad Guruvayur Road, Koottanad Vs. Palakkad 679533 [Pan:Aafpu8363H] (Appellant) (Respondent)

For Appellant: Shri K.V. Venkitaraman, CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R

Section 143(3)

…ncome may have been earned, which is squarely on the assessee. The law in the matter is trite, for which one may refer to CIT v. Joseph John [1968] 67 ITR 74 (SC); Kalekhan Mohammed Hanif (Seth) v. CIT [1963] 50 ITR 1(SC); CIT v. Ganapathi Mudaliar(M.) [1964] 53 ITR 623 (SC); CIT v. Deviprasad Vishwanathprasad [1969] 72 ITR 194 (SC) 6 Dr. C. UshaModern Hospital v. Income Tax Officer In Sum 4. The assessee admittedly not maintaining any record, or otherwise leading any evidence in respect of agricultural income, returned on estimate basis, the Revenue, on verification of the conduct of agricultural operations, es…

Sandeep Kherada, Jaipur vs. The Income Tax Officer, Jaipur

In the result, the appeal of the assessee is partly allowed

ITA 610/JPR/2023[2013-14]Status: DisposedITAT Jaipur29 Feb 2024AY 2013-14

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

For Appellant: Sh. Tarun Mittal (CA)For Respondent: MS Alka Gautam (CIT)(V.H)

Section 131Section 144

…s 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). A party who relies on a recital in a deed has to establish the truth of those recitals, otherwise it will be very easy to make self-serving statements in documents either executed or taken by a party and rely on those recitals.[Hon'ble Supreme Court in CIT v. Durga Prasad More [1971] 8…

Digambar Rajaram Lonari, Mudhol, Bagalkot vs. Assistant Commissioner of Income Tax, Bijapur

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

ITA 178/BANG/2024[2017-18]Status: DisposedITAT Bangalore28 Feb 2024AY 2017-18

Bench: Shri Narender Kumar Choudhry & Shri Laxmi Prasad Sahuassessment Year : 2017-18

For Appellant: Smt. Preethi S. Patel, AdvocateFor Respondent: Shri Ganesh R. Ghale, Standing Counsel

Section 69A

…rajulu Mudiliar vs CIT, (1958) 34 ITR 807, 810 (SC), Roshan Di Hatti vs. CIT (1977) 107 ITR 938 (SC), Kale khan Mohammad Hanif vs. CIT (1963) 50 ITR 1 ( SC), CIT vs. Devi Prasad Vishwanath Prasad, (1969) 72 ITR 194 (SC) and Cit vs. M. Ganpathi Mudaliar (1964) 53 ITR 623 (SC), Smt. Shrilekha Banerjee and Others Vs. Cit Bihar & Orissa, reported in 19464 AIR 697, dated 27/03/1963 & completed the assessment and made addition u/s. 69A of Rs.16,63,000 and assessed income at Rs.31,93,840. Against this, the assessee filed appeal before the CIT(Appeals). 3. The CIT(Appeals) issued various notices on the two e-mail ids av…