CIT v. Motor General Finance Ltd.

254 ITR 449High Court2002#1832 most cited

What is CIT v. Motor General Finance Ltd. authority for?

When an assessee fails to comply with statutory notices or produce relevant documents despite opportunities, the Assessing Officer is justified in drawing an adverse inference under Section 114 of the Evidence Act and making a best judgment assessment under Section 144.

63

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2015 to 2026.

Also referred to as

CIT v. Motor General Finance Ltd. · 254 ITR 449 · Section 144 best judgment assessment · Section 142(1) non-compliance · adverse inference · Section 114 Evidence Act · failure to produce documents · justification for best judgment · reassessment Section 147.

Sections most often in play

Section 144Section 147Section 148Section 142(1)Section 250Section 144BSection 132Section 133A

Issues it is cited on

section 226section 80hhc(3)section 115jasection 14a(1)section 28(iv)section 211mat creditsection 114section 80hsection 244asection 36(2)retrospective amendment

Judgments citing CIT v. Motor General Finance Ltd.

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, BELAGAVI , BELAGAVI vs. SHRI IDREES MOHAMMED, KALABURAGI

The appeal of the Revenue is partly allowed in aforestated terms

ITA 149/PAN/2023[2017-18]Status: DisposedITAT Panaji01 Apr 2026AY 2017-18

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshaliassessment Years: 2017-2018 Dy. Commissioner Of Income Tax, Central Circle, Belagavi, . . . . . . . Appellant V/S Idrees Mohammed Shop No. 4Cc, New Vegetable Market, Main Road, Kalaburagi, Karnataka-585101. Pan: Aajpi7572E . . . . . . . Respondent Represented Assessee By: Mr Ramesh Mudhol [‘Ld. Ar’] Revenue By: Mr Sashi Saklani [‘Ld. Dr’] Date Of Conclusive Hearing : 11/03/2026 Date Of Pronouncement : 01/04/2026 Order Per G. D. Padmahshali; This Appeal Is Filed By The Revenue U/S 253(2) Of The Income-Tax

For Appellant: Mr Ramesh Mudhol [‘Ld. AR’]For Respondent: Mr Sashi Saklani [‘Ld. DR’]
Section 132Section 133ASection 143(1)Section 143(2)Section 143(3)Section 145(3)Section 246ASection 250Section 253(2)Section 69A

…sales in relation to SBN deposits. This infers that the respondent not only failed but chosen not to adduce any documents to disprove the Revenue’s case or to prove his case either. In this context the ratio laid down in ‘CIT Vs Motor General Finance’ [2002, 254 ITR 449 (Del)] worth referring wherein their hon’ble lordships held that, when assessee fails to produce documents or evidence in connection with any issue the Revenue authorities well within their power to draw adverse inferences to the effect that had those documents been produced, they would have gone against the interest of the assessee. 4.8 Though…

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, PANAJI vs. M/S MOHIT ISPAT LTD., KUNDAIM

Appeal of the Revenue is PARTLY ALLOWED in aforestated terms

ITA 9/PAN/2020[2016-17]Status: DisposedITAT Panaji27 Feb 2026AY 2016-17

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshaliassessment Years: 2016-17 Dy. Commissioner Of Income Tax, Central Circle, Panaji, Goa. . . . . . . . Appellant V/S M/S Mohit Ispat Limited 339/340, Kundaim Industrial Estate, Goa-403115 Pan: Aaccm8154E . . . . . . . Respondent Represented Assessee By: Mr Shriniwas Naik & Narchiva Lotlikar [‘Ld. Ar’] Revenue By: Mr Naveen Kumar [‘Ld. Dr’] Date Of Conclusive Hearing : 04/02/2026 Date Of Pronouncement : 27/02/2026 Order Per G. D. Padmahshali; This Appeal Of The Revenue Instituted U/S 253(2) Of The Income-Tax Act, 1961 [‘The Act’] Challenges Order Dt. 04/10/2019 Passed U/S 250 Of The Act By The Commissioner Of Income Tax Appeals-2, Panaji Goa [‘Ld. Cit(A)’] Which In Turn Sprung From Order Of Assessment Dt. 30/12/2017 Passed U/S 143(3) Of The Act By Acit, Central Circle, Panaji Goa [‘Ld. Ao’] Anent To Assessment Year 2016-17.[‘Ay’]

For Appellant: Mr Shriniwas Naik & Narchiva Lotlikar [‘Ld. AR’]For Respondent: Mr Naveen Kumar [‘Ld. DR’]
Section 132Section 133ASection 139(1)Section 143(3)Section 246ASection 250Section 253Section 253(2)

…. This infers the respondent not only failed but chosen not to adduce any documents to disprove the case of the Revenue or to prove its case either. In this context it shall be pertinent to refer to the ratio laid down in ‘CIT Vs Motor General Finance’ [2002, 254 ITR 449 (Del)] wherein their hon’ble lordship have categorically held that, when assessee fails to produce documents or evidence in connection with the matter at issue the Revenue authorities well within their power to draw adverse inferences to the effect that had those documents been produced, they would have gone against the interest of the assessee.…

NAVNEETBHAI RAMANLAL PATEL,AHMEDABAD vs. THE ITO, WARD-2(1)(2), AHMEDABAD

In the result, the appeal of the assessee is allowed

ITA 223/AHD/2025[2016-17]Status: DisposedITAT Ahmedabad04 Nov 2025AY 2016-17

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyalआयकर अपील सं /Ita No.223/Ahd/2025 िनधा"रण वष" /Assessment Year : 2016-17 Navneetbhai Ramanlal Patel The Ito बनाम/ 19, New Ambica Park Society Ward-2(1)(2) V/S. D Cabin Sabarmati Ahmedabad – 380 051 Ahmedabad – 380 019 "थायी लेखा सं./Pan: Aqzpp 2479 D (अपीलाथ"/ Appellant) ("" यथ"/ Respondent) Assessee By : Shri Hiren Trivedi, Ar Revenue By : Shri C. Dharani Nath, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 17/09/2025 घोषणा की तारीख /Date Of Pronouncement: 04/11/2025 आदेश/O R D E R Per Siddhartha Nautiyal, Jm: The Present Appeal Has Been Preferred By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Cit(A)’] Dated 14/10/2024 Passed U/S.250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For The Assessment Year (Ay) 2016-2017. 2. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Shri Hiren Trivedi, ARFor Respondent: Shri C. Dharani Nath, Sr.DR
Section 143(1)Section 144Section 147Section 148Section 234ASection 250Section 271(1)(c)

…e AO completed the assessment to the best of his judgment and added Rs. 46,88,950/- to the total income as fictitious loss. The AO relied on judicial precedents including Swadeshi Polytex Ltd. v. ITO [127 ITR 287 (All.)] and CIT v. Motor General Finance Ltd. [254 ITR 449 (Del.)] to justify the best judgment assessment in cases of non-compliance with statutory notices. 4. Aggrieved, the assessee filed an appeal before the Commissioner of Income Tax (Appeals) [CIT(A)], NFAC. In the statement of facts and grounds of appeal, the assessee challenged the validity of reopening under section 147 of the Act and the addit…

ITO WARD 2(1), NAGPUR , CIVIL LINES vs. DATAMATIC SYSTEM PVT. LTD. , NAGPUR

In the result, all the three appeals of the Revenue are dismissed

ITA 579/NAG/2024[2013]Status: DisposedITAT Nagpur30 Jan 2025

Bench: Shri V. Durga Rao & Shri Khettra Mohan Roy

For Appellant: -None-For Respondent: Shri Sandipkumar Salunke, CIT-DR
Section 142(1)Section 144Section 147Section 148

…u/sec.144 of the Act and determine the sum payable by the assessee on the basis of such assessment as held in the case of Swadesh Polytex Ltd., vs. ITO 127 ITR 287 and the decision of Hon’ble Delhi High Court in the case of CIT vs. Motor General Finance Ltd., 254 ITR 449 (Del.). The 4 ITA.Nos.576, 577 & 579/NAG./2024 learned CIT(A) noted that the addition made by the Assessing Officer on account of entire contractual receipts for the impugned assessment years under consideration are not inconsistent with the basic principles of accountancy and the provisions of the Income Tax Act. He, therefore, reduced the contr…

ITO WARD 2(1), NAGPUR , CIVIL LINES NAGPUR vs. DATAMATIC SYSTEM PVT. LTD., NAGPUR

In the result, all the three appeals of the Revenue are dismissed

ITA 577/NAG/2024[2015]Status: DisposedITAT Nagpur30 Jan 2025

Bench: Shri V. Durga Rao & Shri Khettra Mohan Roy

For Appellant: -None-For Respondent: Shri Sandipkumar Salunke, CIT-DR
Section 142(1)Section 144Section 147Section 148

…u/sec.144 of the Act and determine the sum payable by the assessee on the basis of such assessment as held in the case of Swadesh Polytex Ltd., vs. ITO 127 ITR 287 and the decision of Hon’ble Delhi High Court in the case of CIT vs. Motor General Finance Ltd., 254 ITR 449 (Del.). The 4 ITA.Nos.576, 577 & 579/NAG./2024 learned CIT(A) noted that the addition made by the Assessing Officer on account of entire contractual receipts for the impugned assessment years under consideration are not inconsistent with the basic principles of accountancy and the provisions of the Income Tax Act. He, therefore, reduced the contr…

INCOME TAX OFFICER WD 2(1), CIVIL LINES vs. DATAMATIC SYSTEM PVT. LTD, NAGPUR

In the result, all the three appeals of the Revenue are dismissed

ITA 576/NAG/2024[2014-15]Status: DisposedITAT Nagpur30 Jan 2025AY 2014-15

Bench: Shri V. Durga Rao & Shri Khettra Mohan Roy

For Appellant: -None-For Respondent: Shri Sandipkumar Salunke, CIT-DR
Section 142(1)Section 144Section 147Section 148

…u/sec.144 of the Act and determine the sum payable by the assessee on the basis of such assessment as held in the case of Swadesh Polytex Ltd., vs. ITO 127 ITR 287 and the decision of Hon’ble Delhi High Court in the case of CIT vs. Motor General Finance Ltd., 254 ITR 449 (Del.). The 4 ITA.Nos.576, 577 & 579/NAG./2024 learned CIT(A) noted that the addition made by the Assessing Officer on account of entire contractual receipts for the impugned assessment years under consideration are not inconsistent with the basic principles of accountancy and the provisions of the Income Tax Act. He, therefore, reduced the contr…

ACIT, MUMBAI vs. MAHENDRA MISRIMALJI SHAH, MUMBAI

In the result, the appeal of the revenue and cross objection filed by the assessee are dismissed

ITA 3992/MUM/2024[2011-2012]Status: DisposedITAT Mumbai22 Jan 2025AY 2011-2012

Bench: Shri Amarjit Singh & Shri Sandeep Singh Karhailacit Vs. Mahendra Misrimalji 506, 5Th Floor, Piramal Shah, Room No. 28, 2Nd Chamber, Lalbaug, Floor, Lehari Building Mumbai- 400012 Khetwadi Lane, Mumbai - 400004 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Bjdps7198J Appellant .. Respondent

For Appellant: Shri Bharat KumarFor Respondent: Shri Pravin Salunkhe Sr. DR
Section 133(6)Section 142(1)Section 148Section 250

…ice u/s 142(1) was given and the assessee failed to comply with the same -No further notice necessary before completing the assessment u/s 144" held the court. Similarly, it was held by Hon'ble Delhi High Court in the case of CIT Vs Motor General Finance Ltd (254 ITR 449) that since the assessee, despite several opportunities granted did not; produce the relevant documents, an adverse inference had to be drawn against the assessee. As the P a g e | 5 ITA No.3992/Mum/2024 & C.O. 179/Mum/2024 Mahendra Misrimalji Shah A.Y. 2011-12 assessee did not produce the document, an adverse inference in terms of section 114 o…

ITO, W-6(3), MOHALI vs. THE STAR CO-OPERATIVE LABOUR & CONSTRUCTION SOCIETY LTD., MOHALI

Appeal of the Revenue is dismissed

ITA 1015/CHANDI/2019[2012-13]Status: DisposedITAT Chandigarh21 Aug 2024AY 2012-13

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

For Appellant: Shri Nalin Nohria, CA and Shri B.K. Nohria, CAFor Respondent: Shri Vivek Vardhan, JCIT, Sr. DR
Section 143(3)Section 250(6)Section 253Section 263Section 80PSection 80P(2)(a)

…14,70,480/- made on account of disallowance u / s 80P(2)(a)(vi) of the Act when assessee has failed to discharge its primary onus to furnish any evidence that all the works has been carried out by the members in terms of section 114 of the Indian Evidence Act 254 ITR 449 (Delhi) and also in view of the fact that ITS database of the assessee shows Tara Singh as the only member having 100% share? (v) Whether on the facts and circumstances of the case and in law, the Ld. CIT(A) has not erred in deleting the addition of Rs. 14,70,480/- made on account of disallowance u / s 80P(2)(a)(vi) of the Act by relying upon CI…

SURESH NARAYAN DOLAS,AURANGABAD vs. ITO 1(4) AURANGABAD, CANNOUGHT PLACE AURANGABAD

The appeal is ALLOWED FOR STATISTICAL PURPOSE

ITA 1053/PUN/2023[2012-2013]Status: PendingITAT Pune23 Feb 2024AY 2012-2013

Bench: Hon’Ble Partha Sarathi Choudhury & Shri G. D. Padmahshaliआयकर अपऩल सं. / Ita No.1053/Pun/2023 निर्धारण वषा / Assessment Year : 2012-13 Suresh Narayan Dolas 1/281, Navjeevan Colony, Hiwarkheda Rd., Kannad, Tal.:Kannad, Dist.:Ch. Sambhajinagar-431103 Pan : Azspd9401D . . . . . . . अपीलार्थी / Appellant

For Appellant: None for the assesseeFor Respondent: Mr Gaurav Singh [‘Ld. DR’]
Section 144Section 147Section 24Section 250Section 253(1)(a)

…ed an assessment to the best of his judgement u/s 144 r.w.s. 147 of the Act and brought to tax the entire amount cash deposited into his SB a/c by placing reliance on the decision of Hon’ble Delhi High Court in ‘CIT Vs General Motors Finance Ltd.’ reported in 254 ITR 449 (Del.) 2.2 When aforestated addition is assailed in an appeal before first appellate authority, the Ld. NFAC accorded as many as six opportunities of hearing vide notice dt. 28/01/2021, 15/06/2023, 22/06/2023, 12/07/2023, 19/07/2023 and 26/07/2023, however these remained futile. In absence of written submission and for non-prosecution of appeal,…

ACIT CIRCLE-28(1), NEW DELHI vs. PINNACLE CLOTHING COMPANY, NEW DELHI

In the result, the appeal of the Revenue is dismissed

ITA 679/DEL/2020[2016-17]Status: DisposedITAT Delhi18 Aug 2023AY 2016-17

Bench: Sh. Kul Bharatdr. B. R. R. Kumar

For Appellant: Sh. K. Sampath, AdvFor Respondent: Sh. Vivek Vardhan, Sr. DR

…ideration of the totality of the evidence noted that the evidence furnished by the assessee was inadequate and unsatisfactory and after placing reliance on the decision of the Hon'ble Delhi High Court in the case of CIT Vs Motor General Finance Limited (2002) 254 ITR 449 (Delhi) and of the Hon’ble Calcutta High Court in CIT v. Arati Jana (Smt) (AY 2006-07) and another of the Hon’ble Gujarat High Court in N.K. Industries Limited v. DCIT (2017) 292 CTR 354 proposed the addition of Rs. 3,59,02,700/- on the ground of purchase of the Appellant being bogus. 3.3 It is respectfully submitted that the addition made by t…

DCIT CIRCLE-28(1), NEW DELHI vs. PINNACLE CLOTHING COMPANY, NEW DELHI

In the result, the appeal of the Revenue is dismissed

ITA 5833/DEL/2019[2015-16]Status: DisposedITAT Delhi18 Aug 2023AY 2015-16

Bench: Sh. Kul Bharatdr. B. R. R. Kumar

For Appellant: Sh. K. Sampath, AdvFor Respondent: Sh. Vivek Vardhan, Sr. DR

…ideration of the totality of the evidence noted that the evidence furnished by the assessee was inadequate and unsatisfactory and after placing reliance on the decision of the Hon'ble Delhi High Court in the case of CIT Vs Motor General Finance Limited (2002) 254 ITR 449 (Delhi) and of the Hon’ble Calcutta High Court in CIT v. Arati Jana (Smt) (AY 2006-07) and another of the Hon’ble Gujarat High Court in N.K. Industries Limited v. DCIT (2017) 292 CTR 354 proposed the addition of Rs. 3,59,02,700/- on the ground of purchase of the Appellant being bogus. 3.3 It is respectfully submitted that the addition made by t…

M/S. VAIBHAV COTTON COMPANY,RAJKOT vs. THE INCOME TAX OFFICER, WARD-2 (1) (5), RAJKOT

In the result, the appeal filed by the Assessee is hereby dismissed

ITA 367/RJT/2018[2013-14]Status: DisposedITAT Rajkot26 Jul 2023AY 2013-14

Bench: Shri Waseem Ahmed (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

Section 143(3)

…(A), the assessee failed to produce any details in support of its claim. I.T.A No. 367/Rjt/2018 A.Y. 2013-14 Page No 5 M/s. Vaibhav Cotton Company Vs. ITO 5.1. The Hon’ble Delhi High Court in the case of CIT Vs. Motor General Finance Ltd. reported in [2002] 254 ITR 449 (Delhi) held as follows: “When the assessee fails to produce documents or evidence in connection with the matter at issue, and adverse inference, in terms of section 114 of the Evidence Act, could be drawn to the effect that had those documents been produced, the would have gone against the interest of the assessee.” 5.2. Further in view of the n…

M/S. RMZ HOTELS PRIVATE LIMITED,BANGALORE vs. NATIONAL E-ASSESSMENT CENTRE, DELHI

In the result, the appeal of the assessee is allowed

ITA 954/BANG/2022[2018-19]Status: DisposedITAT Bangalore22 Feb 2023AY 2018-19

Bench: Shri Chandra Poojariassessment Year: 2018-19

For Appellant: Shri V. Srinivasan, A.RFor Respondent: Shri Ganesh R. Ghale, Standing Counsel for Department
Section 234Section 255Section 255(3)Section 36

…ITA No.954/Bang/2022 M/s. RMZ Hotels Private Limited, Bangalore IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” “C’’ BENCH: BANGALORE BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER Assessment Year: 2018-19 M/s. RMZ Hotels Private Limited The Millenia Level 1 & 14, No.1 & 2 Murphy Road NFAC Vs. Ulsoor Delhi Bangalore 560 008. PAN NO : AADCR3654H APPELLANT RESPONDENT Appellant by : Shri V. Srinivasan, A.R. Respondent by : Shri Ganesh R. Ghale, Standing Counsel for Department. Date of Hearing : 08.02.2023 Date of Pronouncement : 22.02.2023 O R D E R This appeal by assessee is directed against order of CIT(A) dat…

M/S. VAM AIRTEX PVT.LTD.,,AHMEDABAD vs. THE ITO, WARD-4(1)(4),, AHMEDABAD

In the result, the penalty levied u/s 271(1)(c) of the Act in both the assessment years before us, i

ITA 2266/AHD/2018[1999-00]Status: DisposedITAT Ahmedabad07 Oct 2022AY 1999-00

Bench: Smt.Annapurna Gupta & Miss Suchitra Kamble

For Appellant: Shri S.N. Divatia, AR with Samir Vora, ARFor Respondent: Shri Satish Solanki, Sr.DR
Section 271(1)(c)

…ssee fails to discharge its onus then it can be presumed that the assessee has concealed its income or furnished inaccurate particulars thereof. Reliance is also placed on the decision of Hon'ble Delhi High Court in the case of Motor General Finance Ltd v CIT 254 ITR 449 wherein it was held that failure to furnish the documents and details goes against the assessee company and further observed that the assessee could not produce any document in this regard, an adverse inference in terms of section 114 of the Evidence Act should be drawn to the effect that had those documents been produced, the same would have gon…

M/S. VAM AIRTEX PVT.LTD.,,AHMEDABAD vs. THE ITO, WARD-4(1)(4),, AHMEDABAD

In the result, the penalty levied u/s 271(1)(c) of the Act in both the assessment years before us, i

ITA 2265/AHD/2018[1991-92]Status: DisposedITAT Ahmedabad07 Oct 2022AY 1991-92

Bench: Smt.Annapurna Gupta & Miss Suchitra Kamble

For Appellant: Shri S.N. Divatia, AR with Samir Vora, ARFor Respondent: Shri Satish Solanki, Sr.DR
Section 271(1)(c)

…ssee fails to discharge its onus then it can be presumed that the assessee has concealed its income or furnished inaccurate particulars thereof. Reliance is also placed on the decision of Hon'ble Delhi High Court in the case of Motor General Finance Ltd v CIT 254 ITR 449 wherein it was held that failure to furnish the documents and details goes against the assessee company and further observed that the assessee could not produce any document in this regard, an adverse inference in terms of section 114 of the Evidence Act should be drawn to the effect that had those documents been produced, the same would have gon…

GAJANAN MAHARAJ URBAN CO-OP BANK ,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, JALNA CIRCLE,, JALNA

Appeal is allowed for statistical purposes in above terms

ITA 1567/PUN/2018[2013-14]Status: DisposedITAT Pune29 Sept 2022AY 2013-14

Bench: Shri S.S.Godara & Dr. Dipak P. Ripote

Section 114Section 143(3)

…आयकर अपीलीय अिधकरण “बी” "ायपीठ पुणे म"। IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, PUNE BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND DR. DIPAK P. RIPOTE, ACCOUNTANT MEMBER आयकर अपीलसं. / ITA No.1567/PUN/2018 िनधा"रण वष" / Assessment Year : 2013-14 Shri Gajanan Maharaj Urban The ACIT, Jalna Circle, Co.Op Bank, Vs Jalna. M/s.Shah Khandelwal Jain & Associates, Chartered Accountants, Level 3, Business Bay, Plot No.84, Wellesley Road, Near RTO, Pune – 411001. PAN: AAABS 0482 N Revenue Assessee Assessee by Shri Neelesh Khandelwal – AR Revenue by Shri M.G.Jasnani – DR Date of hearing 11/07/2022 Date of pronouncemen…

TARPAWANKUMAR RAMPRASAD SANDHIR,AHMEDABAD vs. THE ITO, WARD-1(3)(5), AHMEDABAD

In the result, the appeal filed by the assessee is allowed to the extent indicated above

ITA 1858/AHD/2019[2016-17]Status: DisposedITAT Ahmedabad22 Apr 2022AY 2016-17
For Appellant: NoneFor Respondent: Shri R.R. Makwana, Sr. DR
Section 143(2)Section 143(3)Section 271(1)(c)

…d exclusively incurred for furtherance of business or earning of business income, then the AO is duty bound to proportionately disallow such expenses. The addition gets support from the ratio laid down in following cases: (a) CIT v. Motor General Finance Ltd. 254 ITR 449(Delhi): wherein it has been held that since the assessee in spite of several opportunities did not produce the relevant documents, an inference in terms of section 114 of the Evidence Act. (b) CIT v Krishnaveni Ammal (1986) 158 ITR 826,829,830 (Mad.) wherein it has been stated that the law of evidence mandates that if the best evidence is not pla…

M/S. METROCHEM INDUSTRIESLTD.,,AHMEDABAD vs. THE ACIT.,(OSD)-I,RANGE-4,, AHMEDABAD

In the result, the appeals of Revenue and appeals/cross objection of the assessee allowed/ dismissed as under:

ITA 606/AHD/2011[2006-07]Status: DisposedITAT Mumbai31 Mar 2022AY 2006-07

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 1998-1999 M/S Metrochem Industries Ltd., Dy. Commissioner Of Income 505-506, While House, Panchwati, Vs. Tax, Circle-4, Ahmedabad-380 006. 112, 1St Floor, Avjivan Trust Bldg. Ashram Road, Ahmedabad-14. Pan No. Aabcm 8019 K Appellant Respondent Assessment Year: 2001-02 Metrochem Industries Ltd., The Income Tax Officer Ward 4(2), 505/506, Suryarath, Nr. Vs. Ahmedabad. Panchvati Ellisbridge, Ahmedabad-380 006. Pan No. Aabcm 8019 K Appellant Respondent Assessment Year: 2001-02 The Acit, Cir-4, Ahmedabad, Metrochem Industries Ltd., Navjivan Trust Bldg. Off. Ashram Vs. 505/506, Suryarath, Nr. Panchvati Road, Ellisbridge, Ahmedabad. Ahmedabad. Pan No. Aabcm 8019 K Appellant Respondent M/S Metrochem Industries Ltd., Assessment Year: 2003-04 M/S Metrochem Industries Ltd., Dy. Commissioner Of Income Tax, 505-506, Surya Rath, Nr. Vs. Circle-4, Panchwati, Ellisbridge, Ahmedabad. Ahmedabad-380 006. Pan No. Aabcm 8019 K Appellant Respondent Assessment Year: 2003-04 Dy. Commissioner Of Income Tax, M/S Metrochem Industries Ltd., Circle-4, Vs. 505-506, Surya Rath, Nr. Navjivan Trust Bldg. Off. Ashram Panchwati, Ellisbridge, Road, Ahmedabad-380 006. Ahmedabad. Pan No. Aabcm 8019 K Appellant Respondent Assessment Year: 2004-05 Dy. Commissioner Of Income Tax Metrochem Industries Ltd., Circle-4, Vs. 505-506, Surya Rath Building, B/H, Navjeevan Building Ashram Road, White House, Panchwati, Ahmedabad. Ambawati, Ahmedabad. Pan No. Aabcm 8019 K Appellant Respondent Co No. 50/Ahd/2008 (Ita No. 87/Ahd/2008) Assessment Year: 2004-05 Metrochem Industries Ltd., Dy. Commissioner Of Income Tax 505-506, Surya Rath Building, Vs. Circle-4, B/H, White House, Panchwati Navjeevan Building Ashram Road, Ellisbridge, Ahmedabad. Ahmedabad-06 Pan No. Aabcm 8019 K

Section 115JSection 244ASection 245Section 80H

…res made in the relevant years were out of interest free funds. The appellant has reiterated the submissions which were made before the A.O. without any additional facts or evidences. As held in the case of decision of Delhi H.C. in Motor General Finance Ltd. 254 ITR 449 (Delhi) in case of failure of the assessee to produce documents adverse inference can be drawn to the effect that if produced they would have gone against the assessee. As the facts were within knowledge of the appellant and the same were not explained, the A.O. is justified to draw adverse conclusion. In view of the above facts, it is held that…

M/S. METROCHEM INDUSTRIESLTD.,,AHMEDABAD vs. THE ACIT.,(OSD)-I,RANGE-4,, AHMEDABAD

In the result, the appeals of Revenue and appeals/cross objection of the assessee allowed/ dismissed as under:

ITA 1076/AHD/2011[2007-08]Status: DisposedITAT Mumbai31 Mar 2022AY 2007-08

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 1998-1999 M/S Metrochem Industries Ltd., Dy. Commissioner Of Income 505-506, While House, Panchwati, Vs. Tax, Circle-4, Ahmedabad-380 006. 112, 1St Floor, Avjivan Trust Bldg. Ashram Road, Ahmedabad-14. Pan No. Aabcm 8019 K Appellant Respondent Assessment Year: 2001-02 Metrochem Industries Ltd., The Income Tax Officer Ward 4(2), 505/506, Suryarath, Nr. Vs. Ahmedabad. Panchvati Ellisbridge, Ahmedabad-380 006. Pan No. Aabcm 8019 K Appellant Respondent Assessment Year: 2001-02 The Acit, Cir-4, Ahmedabad, Metrochem Industries Ltd., Navjivan Trust Bldg. Off. Ashram Vs. 505/506, Suryarath, Nr. Panchvati Road, Ellisbridge, Ahmedabad. Ahmedabad. Pan No. Aabcm 8019 K Appellant Respondent M/S Metrochem Industries Ltd., Assessment Year: 2003-04 M/S Metrochem Industries Ltd., Dy. Commissioner Of Income Tax, 505-506, Surya Rath, Nr. Vs. Circle-4, Panchwati, Ellisbridge, Ahmedabad. Ahmedabad-380 006. Pan No. Aabcm 8019 K Appellant Respondent Assessment Year: 2003-04 Dy. Commissioner Of Income Tax, M/S Metrochem Industries Ltd., Circle-4, Vs. 505-506, Surya Rath, Nr. Navjivan Trust Bldg. Off. Ashram Panchwati, Ellisbridge, Road, Ahmedabad-380 006. Ahmedabad. Pan No. Aabcm 8019 K Appellant Respondent Assessment Year: 2004-05 Dy. Commissioner Of Income Tax Metrochem Industries Ltd., Circle-4, Vs. 505-506, Surya Rath Building, B/H, Navjeevan Building Ashram Road, White House, Panchwati, Ahmedabad. Ambawati, Ahmedabad. Pan No. Aabcm 8019 K Appellant Respondent Co No. 50/Ahd/2008 (Ita No. 87/Ahd/2008) Assessment Year: 2004-05 Metrochem Industries Ltd., Dy. Commissioner Of Income Tax 505-506, Surya Rath Building, Vs. Circle-4, B/H, White House, Panchwati Navjeevan Building Ashram Road, Ellisbridge, Ahmedabad. Ahmedabad-06 Pan No. Aabcm 8019 K

Section 115JSection 244ASection 245Section 80H

…res made in the relevant years were out of interest free funds. The appellant has reiterated the submissions which were made before the A.O. without any additional facts or evidences. As held in the case of decision of Delhi H.C. in Motor General Finance Ltd. 254 ITR 449 (Delhi) in case of failure of the assessee to produce documents adverse inference can be drawn to the effect that if produced they would have gone against the assessee. As the facts were within knowledge of the appellant and the same were not explained, the A.O. is justified to draw adverse conclusion. In view of the above facts, it is held that…

THE DCIT, CIRCLE-4,, AHMEDABAD vs. METROCHEM INDUSTRIES LTD.,, AHMEDABAD

In the result, the appeals of Revenue and appeals/cross objection of the assessee allowed/ dismissed as under:

ITA 87/AHD/2008[2004-05]Status: DisposedITAT Mumbai31 Mar 2022AY 2004-05

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 1998-1999 M/S Metrochem Industries Ltd., Dy. Commissioner Of Income 505-506, While House, Panchwati, Vs. Tax, Circle-4, Ahmedabad-380 006. 112, 1St Floor, Avjivan Trust Bldg. Ashram Road, Ahmedabad-14. Pan No. Aabcm 8019 K Appellant Respondent Assessment Year: 2001-02 Metrochem Industries Ltd., The Income Tax Officer Ward 4(2), 505/506, Suryarath, Nr. Vs. Ahmedabad. Panchvati Ellisbridge, Ahmedabad-380 006. Pan No. Aabcm 8019 K Appellant Respondent Assessment Year: 2001-02 The Acit, Cir-4, Ahmedabad, Metrochem Industries Ltd., Navjivan Trust Bldg. Off. Ashram Vs. 505/506, Suryarath, Nr. Panchvati Road, Ellisbridge, Ahmedabad. Ahmedabad. Pan No. Aabcm 8019 K Appellant Respondent M/S Metrochem Industries Ltd., Assessment Year: 2003-04 M/S Metrochem Industries Ltd., Dy. Commissioner Of Income Tax, 505-506, Surya Rath, Nr. Vs. Circle-4, Panchwati, Ellisbridge, Ahmedabad. Ahmedabad-380 006. Pan No. Aabcm 8019 K Appellant Respondent Assessment Year: 2003-04 Dy. Commissioner Of Income Tax, M/S Metrochem Industries Ltd., Circle-4, Vs. 505-506, Surya Rath, Nr. Navjivan Trust Bldg. Off. Ashram Panchwati, Ellisbridge, Road, Ahmedabad-380 006. Ahmedabad. Pan No. Aabcm 8019 K Appellant Respondent Assessment Year: 2004-05 Dy. Commissioner Of Income Tax Metrochem Industries Ltd., Circle-4, Vs. 505-506, Surya Rath Building, B/H, Navjeevan Building Ashram Road, White House, Panchwati, Ahmedabad. Ambawati, Ahmedabad. Pan No. Aabcm 8019 K Appellant Respondent Co No. 50/Ahd/2008 (Ita No. 87/Ahd/2008) Assessment Year: 2004-05 Metrochem Industries Ltd., Dy. Commissioner Of Income Tax 505-506, Surya Rath Building, Vs. Circle-4, B/H, White House, Panchwati Navjeevan Building Ashram Road, Ellisbridge, Ahmedabad. Ahmedabad-06 Pan No. Aabcm 8019 K

Section 115JSection 244ASection 245Section 80H

…res made in the relevant years were out of interest free funds. The appellant has reiterated the submissions which were made before the A.O. without any additional facts or evidences. As held in the case of decision of Delhi H.C. in Motor General Finance Ltd. 254 ITR 449 (Delhi) in case of failure of the assessee to produce documents adverse inference can be drawn to the effect that if produced they would have gone against the assessee. As the facts were within knowledge of the appellant and the same were not explained, the A.O. is justified to draw adverse conclusion. In view of the above facts, it is held that…

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