CIT v. Naresh Kumar Aggarwala

331 ITR 510High Court2011#4502 most cited

What is CIT v. Naresh Kumar Aggarwala authority for?

Loose sheets found during a search can form the basis for additions to undisclosed income unless the assessee successfully disproves the entries. The presumption under Section 132(4A) is automatic, placing the onus on the assessee to provide a plausible explanation to rebut it.

26

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2012 to 2024.

Also referred to as

CIT v. Naresh Kumar Aggarwala · section 132(4A) · search and seizure · loose sheets · undisclosed income · onus on assessee · presumption under section 132(4A) · section 132 · evidence in search · addition on loose papers

Sections most often in play

Section 115BESection 131Section 132Section 132(4)Section 132(4A)Section 133(6)Section 142(1)Section 143(1)

Issues it is cited on

section 132(4a)search and seizuresection 132section 15section 13personbusinessdocument

Judgments citing CIT v. Naresh Kumar Aggarwala

DCIT, Meerut vs. M/S. Godwin Construction (P) Ltd., Meerut

In the result appeal filed by the revenue stands dismissed

ITA 4011/DEL/2015[2007-08]Status: DisposedITAT Delhi08 Jun 2018AY 2007-08

Bench: Shri N.K.Saini & Smt. Beena A Pillaiay: 2005-06 & Ay: 2006-07 Godwin Construction Pvt.Ltd. Vs. Acit, Central Circle A-151, Defence Colony Bhaisali Ground Mawana Road Meerut Meerut Pan: Aaefg 1843 R Ay: 2006-07 Ay: 2007-08 Ay: 2008-09 Dcit, Central Circle Vs. Godwin Construction Pvt.Ltd. Meerut Meerut (Appellant) (Respondent) Assessee By : Sh. Sandeep Sapra, Adv. & Sh. Ravinder Agarwal, C.A. Department By : Sh.Sanjit Singh, Cit, D.R. Date Of Hearing : 09.05.2018 Date Of Pronouncement: 08/06/2018

For Appellant: Sh. Sandeep Sapra, Adv. And Sh. Ravinder Agarwal, C.AFor Respondent: Sh.Sanjit Singh, CIT, D.R
Section 292CSection 68

…on 292C of the Act. It has been submitted by revenue that assessee should have produced other documents to disprove the entries made in the loose sheets and while saying so he placed reliance upon the following decisions: CIT vs. Naresh Kumar Aggarwala (2011) 331 ITR 510 (Delhi) Mahabir Prasad Rungta vs. CIT (2014) 43 taxmann.com 328(Jharkhand) Bhagheeratha Engineering Ltd. vs. ACIT (2017) 379 ITR 244 (Kerala) Ashok Kumar vs. CIT (2016) 386 ITR 342 (Patna) Page 9 of 19 ITA Nos. 3226/Del/15 & 3227/Del/15 M/s Godwin Construction P Ltd. vs. ACIT A.Y. 2005-06 & 2006-07 ITA Nos. 4010 – 4011 & 4012/Del/15 DCIT vs. M/…

DCIT, Meerut vs. M/S. Godwin Construction (P) Ltd., Meerut

In the result appeal filed by the revenue stands dismissed

ITA 4010/DEL/2015[2006-07]Status: DisposedITAT Delhi08 Jun 2018AY 2006-07

Bench: Shri N.K.Saini & Smt. Beena A Pillaiay: 2005-06 & Ay: 2006-07 Godwin Construction Pvt.Ltd. Vs. Acit, Central Circle A-151, Defence Colony Bhaisali Ground Mawana Road Meerut Meerut Pan: Aaefg 1843 R Ay: 2006-07 Ay: 2007-08 Ay: 2008-09 Dcit, Central Circle Vs. Godwin Construction Pvt.Ltd. Meerut Meerut (Appellant) (Respondent) Assessee By : Sh. Sandeep Sapra, Adv. & Sh. Ravinder Agarwal, C.A. Department By : Sh.Sanjit Singh, Cit, D.R. Date Of Hearing : 09.05.2018 Date Of Pronouncement: 08/06/2018

For Appellant: Sh. Sandeep Sapra, Adv. And Sh. Ravinder Agarwal, C.AFor Respondent: Sh.Sanjit Singh, CIT, D.R
Section 292CSection 68

…on 292C of the Act. It has been submitted by revenue that assessee should have produced other documents to disprove the entries made in the loose sheets and while saying so he placed reliance upon the following decisions: CIT vs. Naresh Kumar Aggarwala (2011) 331 ITR 510 (Delhi) Mahabir Prasad Rungta vs. CIT (2014) 43 taxmann.com 328(Jharkhand) Bhagheeratha Engineering Ltd. vs. ACIT (2017) 379 ITR 244 (Kerala) Ashok Kumar vs. CIT (2016) 386 ITR 342 (Patna) Page 9 of 19 ITA Nos. 3226/Del/15 & 3227/Del/15 M/s Godwin Construction P Ltd. vs. ACIT A.Y. 2005-06 & 2006-07 ITA Nos. 4010 – 4011 & 4012/Del/15 DCIT vs. M/…

M/S. Godwin Construction Pvt. Ltd., Meerut vs. ACIT, Meerut

In the result appeal filed by the revenue stands dismissed

ITA 3227/DEL/2015[2006-07]Status: DisposedITAT Delhi08 Jun 2018AY 2006-07

Bench: Shri N.K.Saini & Smt. Beena A Pillaiay: 2005-06 & Ay: 2006-07 Godwin Construction Pvt.Ltd. Vs. Acit, Central Circle A-151, Defence Colony Bhaisali Ground Mawana Road Meerut Meerut Pan: Aaefg 1843 R Ay: 2006-07 Ay: 2007-08 Ay: 2008-09 Dcit, Central Circle Vs. Godwin Construction Pvt.Ltd. Meerut Meerut (Appellant) (Respondent) Assessee By : Sh. Sandeep Sapra, Adv. & Sh. Ravinder Agarwal, C.A. Department By : Sh.Sanjit Singh, Cit, D.R. Date Of Hearing : 09.05.2018 Date Of Pronouncement: 08/06/2018

For Appellant: Sh. Sandeep Sapra, Adv. And Sh. Ravinder Agarwal, C.AFor Respondent: Sh.Sanjit Singh, CIT, D.R
Section 292CSection 68

…on 292C of the Act. It has been submitted by revenue that assessee should have produced other documents to disprove the entries made in the loose sheets and while saying so he placed reliance upon the following decisions: CIT vs. Naresh Kumar Aggarwala (2011) 331 ITR 510 (Delhi) Mahabir Prasad Rungta vs. CIT (2014) 43 taxmann.com 328(Jharkhand) Bhagheeratha Engineering Ltd. vs. ACIT (2017) 379 ITR 244 (Kerala) Ashok Kumar vs. CIT (2016) 386 ITR 342 (Patna) Page 9 of 19 ITA Nos. 3226/Del/15 & 3227/Del/15 M/s Godwin Construction P Ltd. vs. ACIT A.Y. 2005-06 & 2006-07 ITA Nos. 4010 – 4011 & 4012/Del/15 DCIT vs. M/…

CIT vs. Indeo Airways Pvt Ltd

ITA/1620/2010HC Delhi31 Aug 2012

Bench: HON'BLE MR. JUSTICE S. RAVINDRA BHAT,HON'BLE MR. JUSTICE R.V.EASWAR

Section 158B

…s back on presumption under Section 132 (4A), the nature of the presumption has to be the same with regard to the material in respect of which it is drawn. Learned counsel relied upon the judgment of this Court reported as CIT v. Naresh Kumar Aggarwalla, 331 ITR 510; and that of the Bombay High Court in Surender M. Khandar v. ACIT, 321 ITR 254. 8. Learned counsel also relied upon the decision of this Court reported as CIT v. Ravi Kant Jain, 250 ITR 141 for the submission that the scope of the block assessment is confined to the material found during the search. Reliance was lastly placed upon the deci…

CIT vs. Indeo Airways Pvt. Ltd

ITA-1620/2010HC Delhi31 Aug 2012
Section 158B

…s back on presumption under Section 132 (4A), the nature of the presumption has to be the same with regard to the material in respect of which it is drawn. Learned counsel relied upon the judgment of this Court reported as CIT v. Naresh Kumar Aggarwalla, 331 ITR 510; and that of the Bombay High Court in Surender M. Khandar v. ACIT, 321 ITR 254. 8. Learned counsel also relied upon the decision of this Court reported as CIT v. Ravi Kant Jain, 250 ITR 141 for the submission that the scope of the block assessment is confined to the material found during the search. Reliance was lastly placed upon the deci…

CIT vs. Indeo Airways Pvt Ltd

ITA - 1620 / 2010HC Delhi31 Aug 2012
Section 158B

…s back on presumption under Section 132 (4A), the nature of the presumption has to be the same with regard to the material in respect of which it is drawn. Learned counsel relied upon the judgment of this Court reported as CIT v. Naresh Kumar Aggarwalla, 331 ITR 510; and that of the Bombay High Court in Surender M. Khandar v. ACIT, 321 ITR 254. 8. Learned counsel also relied upon the decision of this Court reported as CIT v. Ravi Kant Jain, 250 ITR 141 for the submission that the scope of the block assessment is confined to the material found during the search. Reliance was lastly placed upon the deci…