CIT v. N. Swamy

241 ITR 363High Court2000#3131 most cited

What is CIT v. N. Swamy authority for?

The revenue bears the burden of proving that an assessee has undisclosed income. A mere assertion by the assessee, especially without evidence or linkage to seized documents, cannot be accepted.

38

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2015 to 2025.

Also referred to as

CIT v. N. Swamy · 241 ITR 363 · undisclosed income · burden of proof on revenue · retracted statement · loose papers · documents seized · search and seizure · section 131 · section 132

Sections most often in play

Section 143(3)Section 115BBESection 132(4A)Section 153ASection 292CSection 69CSection 131(1)Section 131(1A)

Issues it is cited on

retracted statementloose papersdocuments seizedunexplained expenditureundisclosed incomeincome-tax officersection 131search and seizureassistant commissionersection 69section 132section 153

Judgments citing CIT v. N. Swamy

SUNIL KUMAR AGARWAL,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, JAIPUR

ITA 521/JPR/2025[2020-21]Status: DisposedITAT Jaipur14 Oct 2025AY 2020-21

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, \nvk;dj vihy la-@ITA Nos.513 & 519 to 521/JP/2025\nfu/k Zkj.k o\"kZ@Assessment Years : 2016-17 & 2018-19 to 2020-21\n\nSunil Kumar Agarwal\n395, Narnoli Mansion, Outside\nSanganeri Gate, Jaipur\ncuke\nVs.\nACIT,\nCentral Circle-2,\nJaipur\nLFkk;h y s[kk l a-@thvkb Zvkj la-@PAN/GIR No.: ABRPA9601M\nvihykFkhZ@Appellant i zR;Fkh Z@Respondent\n\nvk;dj vihy la-@ITSS No. 03/JP/2025\nfu/k Zkj.k o\"kZ@Assessment Year : 2015-16\

For Appellant: Shri S. L. Poddar, AdvFor Respondent: Mrs. Anita Rinesh, JCIT, Sr-DR
Section 132Section 139Section 153ASection 234B

…ple laid down by the Hon'ble Courts that a mere\nclaim of lower GP without evidence is self-serving and cannot override the\nRevenue's estimation, especially when based on incriminating material found\nduring search.\nf) As held in:\ng) CIT v. N. Swamy (2000) 241 ITR 363 (Mad.) - Mere bald assertion by the\nassessee without any evidence or linkage to seized documents cannot be\naccepted.\nh) CIT v. Dhingra Metal Works (2011) 196 Taxman 488 (Del.) - In absence of\nbooks and bills, GP estimation by AO based on best judgment is valid.\ni) Sumati Dayal v. CIT (1995) 214 ITR 801 (SC) - Fiction cannot be accepted as\nf…

SUNIL KUMAR AGARWAL,JAIPUR vs. ACIT, CEN. CIR-2, JAIPUR

In the result the appeal of the assessee in ITA no

ITA 513/JPR/2025[2016-17]Status: DisposedITAT Jaipur14 Oct 2025AY 2016-17
For Appellant: Shri S. L. Poddar, AdvFor Respondent: Mrs. Anita Rinesh, JCIT, Sr-DR
Section 132Section 139Section 153ASection 234B

…rinciple laid down by the Hon'ble Courts that a mere claim of lower GP without evidence is self-serving and cannot override the Revenue's estimation, especially when based on incriminating material found during search. f) As held in: g) CIT v. N. Swamy (2000) 241 ITR 363 (Mad.) - Mere bald assertion by the assessee without any evidence or linkage to seized documents cannot be accepted. h) CIT v. Dhingra Metal Works (2011) 196 Taxman 488 (Del.) - In absence of books and bills, GP estimation by AO based on best judgment is valid. i) Sumati Dayal v. CIT (1995) 214 ITR 801 (SC) - Fiction cannot be accepted as fact in…

AKESH SANGEMERMER(P) LTD,INDUSTRIAL AREA vs. ITO WARD 1 KISHANGARH, CITY ROAD

In the result, the appeal of the assessee is allowed

ITA 1311/JPR/2024[2022-23]Status: DisposedITAT Jaipur07 Mar 2025AY 2022-23

Bench: Him.

For Appellant: Shri C. M. Agarwal, C.AFor Respondent: Shri Gautam Singh Choudhary, JCIT-Sr.DR
Section 143(2)Section 143(3)Section 69

…d in the case of Shrikant Singhania v/s Asst. Commissioner of Income Tax, Central Circle-4, Jaipur. On ITA NO ITA No. 1221 & 1222/JPR/2024 dated 17/01/2025 held that no addition can be made on the basis of statement of third party Honourable Mad HC in N Swamy 241 ITR 363 relied by Chennai ITAT in Omega Estates and Chd ITAT in Dr. R.L.Narang, it was held that The burden of showing that the assessee had undisclosed income is on the revenue. That burden cannot be said to be discharged by merely referring to the statement given by the assessee to a third party in connection with a transaction which was not directly r…

DEPUTY COMMISSIONER OF INCOME TAX, CHENNAI vs. J VIVEK, THIRUVARUR

In the result, the appeal filed by the Revenue is dismissed

ITA 1778/CHNY/2024[2016-17]Status: DisposedITAT Chennai26 Feb 2025AY 2016-17

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.1778/Chny/2024 िनधा"रण वष"/Assessment Year: 2016-17 The Deputy Commissioner Of Vs. J. Vivek, Income Tax, No. 32/1, Mannai Nagar, Mannargudi, Central Circle 2(4), Thiruvarur 614 001. Chennai. [Pan:Aqqpv7997M] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri S. Sundar Rajan, Cit ""थ" की ओर से/Respondent By : Ms. S. Jecintha, Advocate सुनवाई की तारीख/ Date Of Hearing : 12.02.2025 घोषणा की तारीख /Date Of Pronouncement : 26.02.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi:

For Appellant: Shri S. Sundar Rajan, CITFor Respondent: Ms. S. Jecintha, Advocate
Section 132Section 132(4)Section 132ASection 143(3)Section 153ASection 154Section 68Section 69A

…hat the retraction statement was not based on any credible evidence and hence, the CIT(Appeals) ought not to have admitted the retraction statement. The CIT(Appeals) while granting relief relied on the decision of the Madras High Court in the case of N. Swamy 241 ITR 363 and recorded that the burden of showing that the assessee has undisclosed income is on the Revenue. However, in Ground No.2.5, the AO also contended that the decision referred by the CIT(Appeals) in Para 6.3.19 is not applicable to the facts of the present case. As per this Ground, the AO recorded that this decision was pertaining to stock statem…

DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE, COIMBATORE, COIMBATORE vs. MS ELGI ELECTRIC AND INDUSTIRES LTD, COIMBATORE

In the result, the appeal filed by the Revenue is dismissed

ITA 1085/CHNY/2023[2011-12]Status: DisposedITAT Chennai09 Oct 2024AY 2011-12

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.1085/Chny/2023 िनधा"रण वष"/Assessment Year: 2011-12 The Deputy Commissioner Of Vs. M/S. Elgi Electric & Industries Ltd. Income Tax, 737-D, Elgi Towers, Puliyakulam Corporate Circle 1, Green Fields, Coimbatore 641 045. Coimbatore. [Pan: Aaace4787H] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Ms. Gouthami Manivasagam, Jcit ""थ" की ओर से/Respondent By : Ms. Sandhyaarthi, F.C.A. सुनवाई की तारीख/ Date Of Hearing : 01.10.2024 घोषणा की तारीख /Date Of Pronouncement : 09.10.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi:

For Appellant: Ms. Gouthami Manivasagam, JCITFor Respondent: Ms. Sandhyaarthi, F.C.A
Section 143(3)Section 158ASection 69

…n to Bank, which is a 3rd party, but, not on the statement of closing stock shown in the return of income. We find the order of this Tribunal for AY 2008-09, wherein, by following the decision of the Hon’ble High Court of Madras in the case of CIT v. N. Swamy 241 ITR 363 (Mad), held that the assessee’s income is to be assessee by the ITO on the basis of material, which is required to be considered for the purpose of assessment, but not on the basis of statement, which the assessee might have given to a 3rd party unless there is any material to corroborate the statement given to the 3rd party. The relevant part of…

CHITTA RANJAN BERA vs. INCOME TAX OFFICER WARD -3 HALDIA

ITA/26/2010HC Calcutta17 Feb 2023

Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : 17Th February, 2023 Appearance : Mr. Ananda Sen, Adv. …For The Appellant. Mr. Smarajit Roychowdhury, Adv. …For The Respondent. The Court : This Appeal Filed By The Assessee Under Section 260A Of The Income Tax Act, 1961 (The ‘Act’ For Brevity) Is Directed Against The Order Dated 11Th September, 2009 Passed By The Income Tax Appellate Tribunal, “A” Bench, Kolkata (The Tribunal) In M.A. No.173/Kol/2008 For The Assessment Year 2004-05. The Appeal Was Admitted On 11Th February, 2010 On The Following Substantial Questions Of Law: (I) Whether On The Facts & In The Circumstances Of The Case, The Order Of The Learned Tribunal

Section 260ASection 40A(3)

…l issue is as to whether the assessee could be taxed based upon the inflated stock shown in the stock statement submitted to the bank. This issue is no longer res integra and has been decided in the Commissioner of Income Tax vs. N. Swami reported in (2000) 241 ITR 363 (Mad.). In the said decision it was held that the assessee’s income is to be assessed by the income tax officer on the basis of the material which was required to be considered for the purpose of assessment and ordinarily not on the basis of the statement which the assessee may have given to a third party unless there is material to corroborate…

THE DY. CIT, ANAND CIRCLE,, ANAND vs. SHRI SAURABHKUMAR MUKUTLAL GUPTA,, ANAND

ITA 1589/AHD/2017[2009-10]Status: DisposedITAT Ahmedabad16 Nov 2022AY 2009-10
For Appellant: Shri Chetan Agarwal, A.RFor Respondent: Shri Shramdeep Sinha, Sr.DR
Section 131Section 143(3)Section 148Section 69

…sessee how PSP has been managing his affair, the assessee cannot be asked to explain the writing made by him in his diary. The assessee further put reliance upon the following judgments. "i) Kishanchand Chellaram Vs. CIT, 125ITR 713 (SC) ii) CIT Vs. N. Swamy, 241 ITR 363 (Mad) iii) CIT Vs. P. V. Kalyansundaram, 282 ITR 259 (Mad); I.T.A No. 1589/Ahd/2017 A.Y. 2009-10 Page No 7 DCIT vs. Shri Saurabhkumar M. Gupta iv)Shankerlal Nabhumal HUF & Ors.Vs.DCIT,80 TTJ (Ahd) 9; 6. On the strength of the above judgment, it was contended by the assessee that burden to prove, demonstrating the fact that the assessee has rece…

DCIT, CC-3, JAIPUR vs. SMT. JYOTI FALOR, JAIPUR

ITA 150/JPR/2020[2014-15]Status: DisposedITAT Jaipur24 Feb 2022AY 2014-15
For Appellant: Shri S.R. Sharma (CA) and Shri R.K. Bhatra, (CA)For Respondent: Shri S. Najmi, (CIT D/R) fu/kZkfjrh dh vksj ls@
Section 10(38)Section 131Section 132(4)Section 143(3)Section 153ASection 68Section 69C

…ia 49 ITR 165 (SC), CIT Vs. Daulat Ram 87 ITR 349, 360-61 (SC). The presumption is in favour of good faith and non-concealment of income and the initial burden of finding some material in support of finding of concealed income is on department (CIT Vs. Swami 241 ITR 363). 5.8. Further in course of assessment proceedings assessee specifically made a request to A.O. for cross examination of concerned persons who have admitted on oath before different authorities of the department on the entire scheme of providing accommodation entries in the form of bogus LTCG as stated in assessment order which the ld. A.O. not…

DCIT, C.C. -03, JAIPUR vs. SHRI TEJENDER KUMAR FALOR, JAIPUR

ITA 149/JPR/2020[2012-13]Status: DisposedITAT Jaipur24 Feb 2022AY 2012-13
For Appellant: Shri S.R. Sharma (CA) and Shri R.K. Bhatra, (CA)For Respondent: Shri S. Najmi, (CIT D/R) fu/kZkfjrh dh vksj ls@
Section 10(38)Section 131Section 132(4)Section 143(3)Section 153ASection 68Section 69C

…ia 49 ITR 165 (SC), CIT Vs. Daulat Ram 87 ITR 349, 360-61 (SC). The presumption is in favour of good faith and non-concealment of income and the initial burden of finding some material in support of finding of concealed income is on department (CIT Vs. Swami 241 ITR 363). 5.8. Further in course of assessment proceedings assessee specifically made a request to A.O. for cross examination of concerned persons who have admitted on oath before different authorities of the department on the entire scheme of providing accommodation entries in the form of bogus LTCG as stated in assessment order which the ld. A.O. not…

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3, JAIPUR vs. SMT. SAROJ PARWAL, JAIPUR

ITA 753/JPR/2019[2011-12]Status: DisposedITAT Jaipur24 Feb 2022AY 2011-12
For Appellant: Shri S.R. Sharma (CA) and Shri R.K. Bhatra, (CA)For Respondent: Shri S. Najmi, (CIT D/R) fu/kZkfjrh dh vksj ls@
Section 10(38)Section 131Section 132(4)Section 143(3)Section 153ASection 68Section 69C

…ia 49 ITR 165 (SC), CIT Vs. Daulat Ram 87 ITR 349, 360-61 (SC). The presumption is in favour of good faith and non-concealment of income and the initial burden of finding some material in support of finding of concealed income is on department (CIT Vs. Swami 241 ITR 363). 5.8. Further in course of assessment proceedings assessee specifically made a request to A.O. for cross examination of concerned persons who have admitted on oath before different authorities of the department on the entire scheme of providing accommodation entries in the form of bogus LTCG as stated in assessment order which the ld. A.O. not…

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3, JAIPUR vs. M/S BITTHAL DAS PARWAL, HUF, JAIPUR

ITA 750/JPR/2019[2011-12]Status: DisposedITAT Jaipur24 Feb 2022AY 2011-12
For Appellant: Shri S.R. Sharma (CA) and Shri R.K. Bhatra, (CA)For Respondent: Shri S. Najmi, (CIT D/R) fu/kZkfjrh dh vksj ls@
Section 10(38)Section 131Section 132(4)Section 143(3)Section 153ASection 68Section 69C

…ia 49 ITR 165 (SC), CIT Vs. Daulat Ram 87 ITR 349, 360-61 (SC). The presumption is in favour of good faith and non-concealment of income and the initial burden of finding some material in support of finding of concealed income is on department (CIT Vs. Swami 241 ITR 363). 5.8. Further in course of assessment proceedings assessee specifically made a request to A.O. for cross examination of concerned persons who have admitted on oath before different authorities of the department on the entire scheme of providing accommodation entries in the form of bogus LTCG as stated in assessment order which the ld. A.O. not…

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3, JAIPUR vs. M/S HARI NARAIN PARWAL, HUF, JAIPUR

ITA 748/JPR/2019[2011-12]Status: DisposedITAT Jaipur24 Feb 2022AY 2011-12
For Appellant: Shri S.R. Sharma (CA) and Shri R.K. Bhatra, (CA)For Respondent: Shri S. Najmi, (CIT D/R) fu/kZkfjrh dh vksj ls@
Section 10(38)Section 131Section 132(4)Section 143(3)Section 153ASection 68Section 69C

…ia 49 ITR 165 (SC), CIT Vs. Daulat Ram 87 ITR 349, 360-61 (SC). The presumption is in favour of good faith and non-concealment of income and the initial burden of finding some material in support of finding of concealed income is on department (CIT Vs. Swami 241 ITR 363). 5.8. Further in course of assessment proceedings assessee specifically made a request to A.O. for cross examination of concerned persons who have admitted on oath before different authorities of the department on the entire scheme of providing accommodation entries in the form of bogus LTCG as stated in assessment order which the ld. A.O. not…

ACIT, ROURKELA CIRCLE, ROURKELA vs. INDRANI PATNAIK, ROURKELA

In the result, appeals of the revenue and assessee are partly allowed for statistical purposes

ITA 373/CTK/2018[2015-16]Status: DisposedITAT Cuttack09 Dec 2021AY 2015-16

Bench: S/ S/Shri Chandra Mohan Garg, Judicial & Manish Borad & Manish Borad & Manish Boradassessment Year : 2015-16 Asst. Commissioner Of Income Asst. Commissioner Of Income Vs. Indrani Indrani Patnaik, Patnaik, A/6, A/6, Tax, Rourkela Circle, Rourkela. Tax, Rourkela Circle, Rourkela. Commercial Commercial Estate, Estate, Civil Civil Township, Rourkela Township, Rourkela-769004 Pan/Gir No. No.Accpp 6164 E (Appellant (Appellant) .. ( Respondent Respondent) Assessment Year : 2015-16 C.O. No.01/Ctk/2019 (Arising Out Of Ita No.373/Ctk/2018) (Arising Out Of Ita No.373/Ctk/2018) Assessment Year: 2015-16 Indrani Indrani Patnaik, Patnaik, A/6, A/6, Vs. Asst. Commissioner Of Income Asst. Commissioner Of Income Commercial Commercial Estate, Estate, Civil Civil Tax, Rourkela Circle, Rourkela Tax, Rourkela Circle, Rourkela Township, Rourkela Township, Rourkela-769004 Pan/Gir No.Accpp 6164 E Pan/Gir No.Accpp 6164 E (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri S.C. Bhadra S.C. Bhadra , Ar Revenue By : Shri M.K.Gautam, Cit (Dr) Date Of Hearing : 20 /10/ 20 / 2021 Date Of Pronouncement : 10 / 12 12/2021 O R D E R Per Bench The Cross The Cross Appeals Filed By The Revenue & Assessee Assessee Are Directed Against The Or Against The Order Of The Cit(A), Sambalpur Dated 2.7.2018 Der Of The Cit(A), Sambalpur Dated 2.7.2018 For The P A G E 1 | 62

For Appellant: Shri S.C. BhadraFor Respondent: Shri M.K.Gautam
Section 143(3)

…n the absence of any evidence to substantiate that the assessee was engaged in unaccounted sales, no addition can be made on account of unaccounted sales entirely on the basis of presumption. 2.3.10 The Hon'ble Madras High Court in the case of CIT v. N. Swami 241 ITR 363 has held that the income of an assessee is to be P a g e 8 | 62 ITA No.366/CTK/2018 C.O. No.01/CTK/2019 Assessment Year : 2015-16 assessed by the ITO on the basis of material which is required to be considered for the purpose of assessment and ordinarily not on the basis of the statement which the assessee may have given to a third party unless…

SMT. INDRANI PATNAIK,ROURKELA vs. ACIT, ROURKELA CIRCLE, ROURKELA

In the result, appeals of the revenue and assessee are partly allowed for statistical purposes

ITA 366/CTK/2018[2015-16]Status: DisposedITAT Cuttack09 Dec 2021AY 2015-16

Bench: S/ S/Shri Chandra Mohan Garg, Judicial & Manish Borad & Manish Borad & Manish Boradassessment Year : 2015-16 Asst. Commissioner Of Income Asst. Commissioner Of Income Vs. Indrani Indrani Patnaik, Patnaik, A/6, A/6, Tax, Rourkela Circle, Rourkela. Tax, Rourkela Circle, Rourkela. Commercial Commercial Estate, Estate, Civil Civil Township, Rourkela Township, Rourkela-769004 Pan/Gir No. No.Accpp 6164 E (Appellant (Appellant) .. ( Respondent Respondent) Assessment Year : 2015-16 C.O. No.01/Ctk/2019 (Arising Out Of Ita No.373/Ctk/2018) (Arising Out Of Ita No.373/Ctk/2018) Assessment Year: 2015-16 Indrani Indrani Patnaik, Patnaik, A/6, A/6, Vs. Asst. Commissioner Of Income Asst. Commissioner Of Income Commercial Commercial Estate, Estate, Civil Civil Tax, Rourkela Circle, Rourkela Tax, Rourkela Circle, Rourkela Township, Rourkela Township, Rourkela-769004 Pan/Gir No.Accpp 6164 E Pan/Gir No.Accpp 6164 E (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri S.C. Bhadra S.C. Bhadra , Ar Revenue By : Shri M.K.Gautam, Cit (Dr) Date Of Hearing : 20 /10/ 20 / 2021 Date Of Pronouncement : 10 / 12 12/2021 O R D E R Per Bench The Cross The Cross Appeals Filed By The Revenue & Assessee Assessee Are Directed Against The Or Against The Order Of The Cit(A), Sambalpur Dated 2.7.2018 Der Of The Cit(A), Sambalpur Dated 2.7.2018 For The P A G E 1 | 62

For Appellant: Shri S.C. BhadraFor Respondent: Shri M.K.Gautam
Section 143(3)

…n the absence of any evidence to substantiate that the assessee was engaged in unaccounted sales, no addition can be made on account of unaccounted sales entirely on the basis of presumption. 2.3.10 The Hon'ble Madras High Court in the case of CIT v. N. Swami 241 ITR 363 has held that the income of an assessee is to be P a g e 8 | 62 ITA No.366/CTK/2018 C.O. No.01/CTK/2019 Assessment Year : 2015-16 assessed by the ITO on the basis of material which is required to be considered for the purpose of assessment and ordinarily not on the basis of the statement which the assessee may have given to a third party unless…

ITO, WARD- 2, NARNAUL vs. RAMESH CHAND, NARNAUL

In the result, the appeal filed by the Revenue is dismissed

ITA 4319/DEL/2017[2013-14]Status: DisposedITAT Delhi14 Oct 2021AY 2013-14

Bench: Shri R.K. Panda & Ms. Suchitra Kamble[Assessment Year: 2013-14] Ito, Sh. Ramesh Chand, Ward-2, M/S Bhaktawar Mal Narnaul, Near Mahavir Bhawani Sahay, Nai Mandi, Chowk, Narnaul, Mahendergarh Road, Haryana. Haryana Pan-Aancp5095N Revenue Assessee Sh. Shiv Swaroop Singh, Sr.Dr Revenue By Assessee By Sh. Deepak Agarwal, Adv. Date Of Hearing 28.07.2021 Date Of Pronouncement 14.10.2021 Order Per R.K. Panda, Am

Section 133(6)

…is fully covered by the judgment of jurisdictional High Court of P&H in the case of CIT v. Sidhu Rice and General Mills, (2006) reported at 281 ITR 428 and judgment of Hon’ble Madras High Court in the case of Commissioner Of Income-Tax vs N. Swamy reported at 241 ITR 363. The addition made by the AO is not based on any valid evidence. The AO cannot be assumed to make addition only on the basis of statement furnished to third party i.e. bank as the same is without any substantial valid evidence of having undisclosed income. Thus, the addition of Rs. 2,19,65,351/- made by the AO is hereby deleted. This ground of ap…

SHRI JITENDRA VIRWANI,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 1(3), BANGALORE

In the result, the appeals by the assessee in ITA Nos

ITA 1217/BANG/2019[2015-16]Status: DisposedITAT Bangalore30 Jul 2021AY 2015-16

Bench: Shri Chandra Poojari & Shri George George K.

For Appellant: Shri S. Ramasubramaniam, CAFor Respondent: Shri K.R. Narayana, Addl.CIT(DR)(ITAT), Bengaluru
Section 132Section 142(1)Section 143(2)Section 153ASection 6(1)(a)Section 6(1)(c)

…415 ITR 49 the Hon'ble High Court approved the finding of the Tribunal that the burden was on the department to prove understatement of sale consideration which was not discharged and therefore, the addition of S.69B is not justified. 85. In CIT Vs M. Swamy 241 ITR 363 the Hon'ble Madras High Court held that the burden of showing that the assessee has undisclosed income is on the revenue. That burden cannot be said to be discharged by merely referring to the statement given by the assessee to the third party in connection with the transaction which was not directly related to the assessment. It is important to…

SHRI JITENDRA VIRWANI,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 1(3), BANGALORE

In the result, the appeals by the assessee in ITA Nos

ITA 1216/BANG/2019[2014-15]Status: DisposedITAT Bangalore30 Jul 2021AY 2014-15

Bench: Shri Chandra Poojari & Shri George George K.

For Appellant: Shri S. Ramasubramaniam, CAFor Respondent: Shri K.R. Narayana, Addl.CIT(DR)(ITAT), Bengaluru
Section 132Section 142(1)Section 143(2)Section 153ASection 6(1)(a)Section 6(1)(c)

…415 ITR 49 the Hon'ble High Court approved the finding of the Tribunal that the burden was on the department to prove understatement of sale consideration which was not discharged and therefore, the addition of S.69B is not justified. 85. In CIT Vs M. Swamy 241 ITR 363 the Hon'ble Madras High Court held that the burden of showing that the assessee has undisclosed income is on the revenue. That burden cannot be said to be discharged by merely referring to the statement given by the assessee to the third party in connection with the transaction which was not directly related to the assessment. It is important to…

SHRI JITENDRA VIRWANI,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 1(3), BANGALORE

In the result, the appeals by the assessee in ITA Nos

ITA 1215/BANG/2019[2013-14]Status: DisposedITAT Bangalore30 Jul 2021AY 2013-14

Bench: Shri Chandra Poojari & Shri George George K.

For Appellant: Shri S. Ramasubramaniam, CAFor Respondent: Shri K.R. Narayana, Addl.CIT(DR)(ITAT), Bengaluru
Section 132Section 142(1)Section 143(2)Section 153ASection 6(1)(a)Section 6(1)(c)

…415 ITR 49 the Hon'ble High Court approved the finding of the Tribunal that the burden was on the department to prove understatement of sale consideration which was not discharged and therefore, the addition of S.69B is not justified. 85. In CIT Vs M. Swamy 241 ITR 363 the Hon'ble Madras High Court held that the burden of showing that the assessee has undisclosed income is on the revenue. That burden cannot be said to be discharged by merely referring to the statement given by the assessee to the third party in connection with the transaction which was not directly related to the assessment. It is important to…

SHRI JITENDRA VIRWANI,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 1(3), BANGALORE

In the result, the appeals by the assessee in ITA Nos

ITA 1214/BANG/2019[2012-13]Status: DisposedITAT Bangalore30 Jul 2021AY 2012-13

Bench: Shri Chandra Poojari & Shri George George K.

For Appellant: Shri S. Ramasubramaniam, CAFor Respondent: Shri K.R. Narayana, Addl.CIT(DR)(ITAT), Bengaluru
Section 132Section 142(1)Section 143(2)Section 153ASection 6(1)(a)Section 6(1)(c)

…415 ITR 49 the Hon'ble High Court approved the finding of the Tribunal that the burden was on the department to prove understatement of sale consideration which was not discharged and therefore, the addition of S.69B is not justified. 85. In CIT Vs M. Swamy 241 ITR 363 the Hon'ble Madras High Court held that the burden of showing that the assessee has undisclosed income is on the revenue. That burden cannot be said to be discharged by merely referring to the statement given by the assessee to the third party in connection with the transaction which was not directly related to the assessment. It is important to…

SHRI JITENDRA VIRWANI,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 1(3), BANGALORE

In the result, the appeals by the assessee in ITA Nos

ITA 1213/BANG/2019[2011-12]Status: DisposedITAT Bangalore30 Jul 2021AY 2011-12

Bench: Shri Chandra Poojari & Shri George George K.

For Appellant: Shri S. Ramasubramaniam, CAFor Respondent: Shri K.R. Narayana, Addl.CIT(DR)(ITAT), Bengaluru
Section 132Section 142(1)Section 143(2)Section 153ASection 6(1)(a)Section 6(1)(c)

…415 ITR 49 the Hon'ble High Court approved the finding of the Tribunal that the burden was on the department to prove understatement of sale consideration which was not discharged and therefore, the addition of S.69B is not justified. 85. In CIT Vs M. Swamy 241 ITR 363 the Hon'ble Madras High Court held that the burden of showing that the assessee has undisclosed income is on the revenue. That burden cannot be said to be discharged by merely referring to the statement given by the assessee to the third party in connection with the transaction which was not directly related to the assessment. It is important to…

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