CIT v. Odeon Builders Pvt. ltd.

418 ITR 315Supreme Court of India2019#179 most cited

What is CIT v. Odeon Builders Pvt. ltd. authority for?

Income tax additions cannot be sustained merely on the basis of uncorroborated statements or allegations. The Revenue must bring on record sufficient material and allow the assessee to produce evidence to prove such additions.

408

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2018 to 2026.

Also referred to as

CIT v. Odeon Builders Pvt. Ltd. · 418 ITR 315 · Supreme Court · Section 132(4) statement · Section 133(6) notice · uncorroborated evidence · sufficiency of evidence · income tax additions · burden of proof · natural justice · bogus purchases

Sections most often in play

Section 153CSection 132Section 132(4)Section 143(3)Section 69Section 147Section 69BSection 148

Issues it is cited on

third party informationsection 65b(4)section 65bsection 10(26)section 65section 61section 158b(b)section 158bb(1)section 69bon-moneystatement under section 132(4)protective assessment

Judgments citing CIT v. Odeon Builders Pvt. ltd.

Principal Commissioner of Income Tax Siliguri vs. Neetu Agarwal

In the result, these appeals are allowed and the substantial

ITAT/3/2021HC Calcutta14 Jun 2022

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

…was referred to by the learned tribunal. For the same proposition reference was made to the decision in PCIT Versus M/s. Kesoram Industries 57 (2019) 417 ITR 334 (Bom) 58 361 ITR 162 59 (2019) 418 ITR 315 (SC) ITAT NO. 06 OF 2022 AND ETC. BATCH Page 61 of 150 Limited 60. Nextly, the learned senior counsel elaborately referred to the order passed by the tribunal, impugned before us and submitted that elaborate discussion on the facts has been done, the learned tribunal rightly held that there is no material quoted against the assessee and…

Principal Commissioner of Income Tax vs. Nand Kishore Agarwala

In the result, these appeals are allowed and the substantial

ITAT/22/2021HC Calcutta14 Jun 2022

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

…was referred to by the learned tribunal. For the same proposition reference was made to the decision in PCIT Versus M/s. Kesoram Industries 57 (2019) 417 ITR 334 (Bom) 58 361 ITR 162 59 (2019) 418 ITR 315 (SC) ITAT NO. 06 OF 2022 AND ETC. BATCH Page 61 of 150 Limited 60. Nextly, the learned senior counsel elaborately referred to the order passed by the tribunal, impugned before us and submitted that elaborate discussion on the facts has been done, the learned tribunal rightly held that there is no material quoted against the assessee and…

Principal Commissioner of Income Tax-9, Kolkata vs. M/S. Gopal Prasad Tikmani HUF

In the result, these appeals are allowed and the substantial

ITAT/153/2021HC Calcutta14 Jun 2022

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

…was referred to by the learned tribunal. For the same proposition reference was made to the decision in PCIT Versus M/s. Kesoram Industries 57 (2019) 417 ITR 334 (Bom) 58 361 ITR 162 59 (2019) 418 ITR 315 (SC) ITAT NO. 06 OF 2022 AND ETC. BATCH Page 61 of 150 Limited 60. Nextly, the learned senior counsel elaborately referred to the order passed by the tribunal, impugned before us and submitted that elaborate discussion on the facts has been done, the learned tribunal rightly held that there is no material quoted against the assessee and…

Principal Commissioner of Income Tax -5, Kol vs. Ramakant Beriwala

In the result, these appeals are allowed and the substantial

ITAT/60/2021HC Calcutta14 Jun 2022

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

…was referred to by the learned tribunal. For the same proposition reference was made to the decision in PCIT Versus M/s. Kesoram Industries 57 (2019) 417 ITR 334 (Bom) 58 361 ITR 162 59 (2019) 418 ITR 315 (SC) ITAT NO. 06 OF 2022 AND ETC. BATCH Page 61 of 150 Limited 60. Nextly, the learned senior counsel elaborately referred to the order passed by the tribunal, impugned before us and submitted that elaborate discussion on the facts has been done, the learned tribunal rightly held that there is no material quoted against the assessee and…

Principal Commissioner of Income Tax 9 Kolkata vs. M/S Girish Tikmani HUF

In the result, these appeals are allowed and the substantial

ITAT/157/2021HC Calcutta14 Jun 2022

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

…was referred to by the learned tribunal. For the same proposition reference was made to the decision in PCIT Versus M/s. Kesoram Industries 57 (2019) 417 ITR 334 (Bom) 58 361 ITR 162 59 (2019) 418 ITR 315 (SC) ITAT NO. 06 OF 2022 AND ETC. BATCH Page 61 of 150 Limited 60. Nextly, the learned senior counsel elaborately referred to the order passed by the tribunal, impugned before us and submitted that elaborate discussion on the facts has been done, the learned tribunal rightly held that there is no material quoted against the assessee and…

Pr CIT 9 Kolkata vs. Girish Tikmani

In the result, these appeals are allowed and the substantial

ITAT/156/2021HC Calcutta14 Jun 2022

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

…was referred to by the learned tribunal. For the same proposition reference was made to the decision in PCIT Versus M/s. Kesoram Industries 57 (2019) 417 ITR 334 (Bom) 58 361 ITR 162 59 (2019) 418 ITR 315 (SC) ITAT NO. 06 OF 2022 AND ETC. BATCH Page 61 of 150 Limited 60. Nextly, the learned senior counsel elaborately referred to the order passed by the tribunal, impugned before us and submitted that elaborate discussion on the facts has been done, the learned tribunal rightly held that there is no material quoted against the assessee and…

Principal Commissioner of Income Tax-9, Kolkata vs. Gopal Prasad Tikmani

In the result, these appeals are allowed and the substantial

ITAT/151/2021HC Calcutta14 Jun 2022

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

…was referred to by the learned tribunal. For the same proposition reference was made to the decision in PCIT Versus M/s. Kesoram Industries 57 (2019) 417 ITR 334 (Bom) 58 361 ITR 162 59 (2019) 418 ITR 315 (SC) ITAT NO. 06 OF 2022 AND ETC. BATCH Page 61 of 150 Limited 60. Nextly, the learned senior counsel elaborately referred to the order passed by the tribunal, impugned before us and submitted that elaborate discussion on the facts has been done, the learned tribunal rightly held that there is no material quoted against the assessee and…

Principal Commissioner of Income Tax -5, Kolkata vs. Swati Bajaj

In the result, these appeals are allowed and the substantial

ITAT/6/2022HC Calcutta14 Jun 2022

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

…was referred to by the learned tribunal. For the same proposition reference was made to the decision in PCIT Versus M/s. Kesoram Industries 57 (2019) 417 ITR 334 (Bom) 58 361 ITR 162 59 (2019) 418 ITR 315 (SC) ITAT NO. 06 OF 2022 AND ETC. BATCH Page 61 of 150 Limited 60. Nextly, the learned senior counsel elaborately referred to the order passed by the tribunal, impugned before us and submitted that elaborate discussion on the facts has been done, the learned tribunal rightly held that there is no material quoted against the assessee and…

M/S. Devaraj Urs Educational Trust for Backward Classes (Regd), Kolar vs. Principal Commissioner of Income Tax (Central), Bangalore

In the result, appeal filed by the assessee is allowed

ITA 155/BANG/2022[2020-21]Status: DisposedITAT Bangalore08 Jun 2022AY 2020-21

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: Na

For Appellant: Sri Ramasubramaniyan, A.RFor Respondent: Sri Pradeep Kumar, D.R
Section 11Section 12ASection 132Section 143(2)Section 143(3)Section 153A

…x purposes, representing the value of the high denomination notes which were encashed.” M/s. Devaraj Urs Educational Trust For Backward Classes (Regd), Kolar Page 17 of 61 214. Further the Hon’ble Supreme Court in the case of CIT v. Odeon Builders (P.) Ltd., 418 ITR 315 (SC) head-note is as follows:- “Section 37(1) of the Income-tax Act, 1961 - Business expenditure - Allowability of (Bogus purchase) - Certain portion of purchases made by assessee was disallowed - Commissioner (Appeals) found that entire disallowance was based on third party information gathered by Investigation Wing of Department, which had not…

Harshita Chhawchharia vs. Commissioner of Income Tax, Kolkata-20

In the result, these appeals are allowed and the substantial

ITA/3/2021HC Calcutta07 Jun 2022

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

…was referred to by the learned tribunal. For the same proposition reference was made to the decision in PCIT Versus M/s. Kesoram Industries 57 (2019) 417 ITR 334 (Bom) 58 361 ITR 162 59 (2019) 418 ITR 315 (SC) ITAT NO. 06 OF 2022 AND ETC. BATCH Page 61 of 150 Limited 60. Nextly, the learned senior counsel elaborately referred to the order passed by the tribunal, impugned before us and submitted that elaborate discussion on the facts has been done, the learned tribunal rightly held that there is no material quoted against the assessee and…

Deputy Commissioner of Income Tax 3(2)(2), Mumbai vs. Phulchand Exports Private Limited, Mumbai

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

ITA 7214/MUM/2017[2008-09]Status: DisposedITAT Mumbai12 May 2022AY 2008-09

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Pavan Kumar Gadale, Hon'Ble

For Appellant: Shri Shankarlal JainFor Respondent: Shri Sandeep Raj
Section 147

…sed on statement of witness which were relied without affecting cross examination. The Court confirmed the deletion of addition. Similar observations are made by Supreme Court in the case of Sunita Dhadda 403 !TR(ST) 309 SC as well as in Ordeon Builders P.Ltd.418 ITR 315 SC. High Court Of Bombay in case of ASISH INTERNATIONAL ITA NO 4299 OG 2009 DATED 228° FEB.2011 also confirmed ITAT order deleting addition based on suppliers’ statement, not subjected to cross examination. 2.3 lt is submitted that purchases stands proved by purchase bills issued and payments being made through banking channel. Punjab & Haryana h…

Deputy Commissioner of Income Tax 3(2)(2), Mumbai vs. Phulchand Exports Private Limited, Mumbai

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

ITA 7213/MUM/2017[2011-12]Status: DisposedITAT Mumbai12 May 2022AY 2011-12

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Pavan Kumar Gadale, Hon'Ble

For Appellant: Shri Shankarlal JainFor Respondent: Shri Sandeep Raj
Section 147

…sed on statement of witness which were relied without affecting cross examination. The Court confirmed the deletion of addition. Similar observations are made by Supreme Court in the case of Sunita Dhadda 403 !TR(ST) 309 SC as well as in Ordeon Builders P.Ltd.418 ITR 315 SC. High Court Of Bombay in case of ASISH INTERNATIONAL ITA NO 4299 OG 2009 DATED 228° FEB.2011 also confirmed ITAT order deleting addition based on suppliers’ statement, not subjected to cross examination. 2.3 lt is submitted that purchases stands proved by purchase bills issued and payments being made through banking channel. Punjab & Haryana h…

Deputy Commissioner of Income Tax 3(2)(2), Mumbai vs. Phulchand Exports Private Limited, Mumbai

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

ITA 7212/MUM/2017[2010-11]Status: DisposedITAT Mumbai12 May 2022AY 2010-11

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Pavan Kumar Gadale, Hon'Ble

For Appellant: Shri Shankarlal JainFor Respondent: Shri Sandeep Raj
Section 147

…sed on statement of witness which were relied without affecting cross examination. The Court confirmed the deletion of addition. Similar observations are made by Supreme Court in the case of Sunita Dhadda 403 !TR(ST) 309 SC as well as in Ordeon Builders P.Ltd.418 ITR 315 SC. High Court Of Bombay in case of ASISH INTERNATIONAL ITA NO 4299 OG 2009 DATED 228° FEB.2011 also confirmed ITAT order deleting addition based on suppliers’ statement, not subjected to cross examination. 2.3 lt is submitted that purchases stands proved by purchase bills issued and payments being made through banking channel. Punjab & Haryana h…

M/S Diach Chemicals & Pigments Pvt. Ltd., Kolkata vs. ACIT, Circle-10(2), Kolkata

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

ITA 99/KOL/2021[2016-17]Status: HeardITAT Kolkata30 Mar 2022AY 2016-17

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.99/Kol/2021 Assessment Year: 2016-17 M/S Diach Chemicals & Pigments Pvt. Ltd…...........................……….……Appellant C/O Rajesh Mohan & Associates, Unit No.18, 5Th Floor, Bagati House, 34, Ganesh Chandra Avenue, Kolkata-700013. [Pan: Aabcb6040P] Vs. Acit, Circle-10(2), Kolkata......…..….…..….........……........……...…..…..Respondent Appearances By: Shri S.M. Surana, Advicate, Appeared On Behalf Of The Appellant. Shri Sudipta Guha, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : March 30, 2022 Date Of Pronouncing The Order : March 30, 2022

Section 133(6)Section 263

…IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH KOLKATA Before Shri Sanjay Garg, Judicial Member and Shri Girish Agrawal, Accountant Member I.T.A. No.99/Kol/2021 Assessment Year: 2016-17 M/s Diach Chemicals & Pigments Pvt. Ltd…...........................……….……Appellant C/o Rajesh Mohan & Associates, Unit No.18, 5th Floor, Bagati House, 34, Ganesh Chandra Avenue, Kolkata-700013. [PAN: AABCB6040P] vs. ACIT, Circle-10(2), Kolkata......…..….…..….........……........……...…..…..Respondent Appearances by: Shri S.M. Surana, Advicate, appeared on behalf of the appellant. Shri Sudipta Guha, CIT-DR, appeared on behalf of the…

Indian Supercraft Industries, Kolkata vs. ITO, Ward-36(2), Kolkata

In the result, the appeal of the assessee is allowed

ITA 314/KOL/2021[2012-13]Status: DisposedITAT Kolkata15 Mar 2022AY 2012-13

Bench: Shri A. T. Varkey, Jm]

…1 Indian Supercraft Industries, AY: 2012-13 IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, KOLKATA [Before Shri A. T. Varkey, JM] I.T.A. No. 314/Kol/2021 Assessment Year: 2012-13 Indian Supercraft Industries Vs Income-tax Officer, Wd-36(2), (PAN: AAAFI6746F) . Kolkata Appellant Respondent Date of Hearing 15.03.2022 Date of Pronouncement 15.03.2022 For the Appellant Sm. Pinki Shaw, ACA For the Revenue Shri Nicholas Murmu, Addl. CIT ORDER This is an appeal preferred by the assessee against the order of Ld. CIT(A), National Faceless Appeal Centre (NFAC), Delhi dated 27.07.2021 for AY 2012-13. 2. The main griev…

ITO, Bhadrak Ward, Bhadrak vs. Himansu Mohapatra, Bhadrak

In the result, Appeals of the revenue in in ITANos

ITA 45/CTK/2020[2015-16]Status: DisposedITAT Cuttack21 Dec 2021AY 2015-16

Bench: Shri C.M. Garg, Jm & Shri Manish Borad, Am

For Appellant: Shri S.C Mohanty, Sr. DR
Section 10(38)

…आयकर अपीऱीय अधिकरण, कटक न्यायपीठ, कटक IN THE INCOME TAX APPELLATE TRIBUNAL CUTTACK BENCH, CUTTACK BEFORE SHRI C.M. GARG, JM & SHRI MANISH BORAD, AM ITA Nos.42 & 43/CTK/2020 (नििाारण वषा / Assessment Year :2014-2015 & 2015-16) ITO Vs Deepansu Mohapatra Kuansh, Bhadrak, Bhadrak Ward, Bhadrak PAN No. : AQHPM3912G (अऩीलाथी /Appellant) (प्रत्यथी / Respondent) .. ITA Nos.44 & 45/CTK/2020 (नििाारण वषा / Assessment Year :2014-2015 & 2015-16) ITO Vs Himansu Mohapatra Kuansh, Bhadrak, Bhadrak Ward, Bhadrak PAN No. : AJDPM0006A (अऩीलाथी /Appellant) (प्रत्यथी / Respondent) .. ITA Nos.38 & 39/CTK/2020 (नििाारण वषा / A…

ITO, Bhadrak Ward, Bhadrak vs. Himansu Mohapatra, Bhadrak

In the result, Appeals of the revenue in in ITANos

ITA 44/CTK/2020[2014-15]Status: DisposedITAT Cuttack21 Dec 2021AY 2014-15

Bench: Shri C.M. Garg, Jm & Shri Manish Borad, Am

For Appellant: Shri S.C Mohanty, Sr. DR
Section 10(38)

…आयकर अपीऱीय अधिकरण, कटक न्यायपीठ, कटक IN THE INCOME TAX APPELLATE TRIBUNAL CUTTACK BENCH, CUTTACK BEFORE SHRI C.M. GARG, JM & SHRI MANISH BORAD, AM ITA Nos.42 & 43/CTK/2020 (नििाारण वषा / Assessment Year :2014-2015 & 2015-16) ITO Vs Deepansu Mohapatra Kuansh, Bhadrak, Bhadrak Ward, Bhadrak PAN No. : AQHPM3912G (अऩीलाथी /Appellant) (प्रत्यथी / Respondent) .. ITA Nos.44 & 45/CTK/2020 (नििाारण वषा / Assessment Year :2014-2015 & 2015-16) ITO Vs Himansu Mohapatra Kuansh, Bhadrak, Bhadrak Ward, Bhadrak PAN No. : AJDPM0006A (अऩीलाथी /Appellant) (प्रत्यथी / Respondent) .. ITA Nos.38 & 39/CTK/2020 (नििाारण वषा / A…

ITO, Bhadrak Ward, Bhadrak vs. Deepansu Mohapatra, Bhadrak

In the result, Appeals of the revenue in in ITANos

ITA 43/CTK/2020[2015-16]Status: DisposedITAT Cuttack21 Dec 2021AY 2015-16

Bench: Shri C.M. Garg, Jm & Shri Manish Borad, Am

For Appellant: Shri S.C Mohanty, Sr. DR
Section 10(38)

…आयकर अपीऱीय अधिकरण, कटक न्यायपीठ, कटक IN THE INCOME TAX APPELLATE TRIBUNAL CUTTACK BENCH, CUTTACK BEFORE SHRI C.M. GARG, JM & SHRI MANISH BORAD, AM ITA Nos.42 & 43/CTK/2020 (नििाारण वषा / Assessment Year :2014-2015 & 2015-16) ITO Vs Deepansu Mohapatra Kuansh, Bhadrak, Bhadrak Ward, Bhadrak PAN No. : AQHPM3912G (अऩीलाथी /Appellant) (प्रत्यथी / Respondent) .. ITA Nos.44 & 45/CTK/2020 (नििाारण वषा / Assessment Year :2014-2015 & 2015-16) ITO Vs Himansu Mohapatra Kuansh, Bhadrak, Bhadrak Ward, Bhadrak PAN No. : AJDPM0006A (अऩीलाथी /Appellant) (प्रत्यथी / Respondent) .. ITA Nos.38 & 39/CTK/2020 (नििाारण वषा / A…

ITO, Bhadrak Ward, Bhadrak vs. Deepansu Mohapatra, Bhadrak

In the result, Appeals of the revenue in in ITANos

ITA 42/CTK/2020[2014-15]Status: DisposedITAT Cuttack21 Dec 2021AY 2014-15

Bench: Shri C.M. Garg, Jm & Shri Manish Borad, Am

For Appellant: Shri S.C Mohanty, Sr. DR
Section 10(38)

…आयकर अपीऱीय अधिकरण, कटक न्यायपीठ, कटक IN THE INCOME TAX APPELLATE TRIBUNAL CUTTACK BENCH, CUTTACK BEFORE SHRI C.M. GARG, JM & SHRI MANISH BORAD, AM ITA Nos.42 & 43/CTK/2020 (नििाारण वषा / Assessment Year :2014-2015 & 2015-16) ITO Vs Deepansu Mohapatra Kuansh, Bhadrak, Bhadrak Ward, Bhadrak PAN No. : AQHPM3912G (अऩीलाथी /Appellant) (प्रत्यथी / Respondent) .. ITA Nos.44 & 45/CTK/2020 (नििाारण वषा / Assessment Year :2014-2015 & 2015-16) ITO Vs Himansu Mohapatra Kuansh, Bhadrak, Bhadrak Ward, Bhadrak PAN No. : AJDPM0006A (अऩीलाथी /Appellant) (प्रत्यथी / Respondent) .. ITA Nos.38 & 39/CTK/2020 (नििाारण वषा / A…

ITO, Bhadrak Ward, Bhadrak vs. Anupama Mohapatra, Bhadrak

In the result, Appeals of the revenue in in ITANos

ITA 41/CTK/2020[2015-16]Status: DisposedITAT Cuttack21 Dec 2021AY 2015-16

Bench: Shri C.M. Garg, Jm & Shri Manish Borad, Am

For Appellant: Shri S.C Mohanty, Sr. DR
Section 10(38)

…आयकर अपीऱीय अधिकरण, कटक न्यायपीठ, कटक IN THE INCOME TAX APPELLATE TRIBUNAL CUTTACK BENCH, CUTTACK BEFORE SHRI C.M. GARG, JM & SHRI MANISH BORAD, AM ITA Nos.42 & 43/CTK/2020 (नििाारण वषा / Assessment Year :2014-2015 & 2015-16) ITO Vs Deepansu Mohapatra Kuansh, Bhadrak, Bhadrak Ward, Bhadrak PAN No. : AQHPM3912G (अऩीलाथी /Appellant) (प्रत्यथी / Respondent) .. ITA Nos.44 & 45/CTK/2020 (नििाारण वषा / Assessment Year :2014-2015 & 2015-16) ITO Vs Himansu Mohapatra Kuansh, Bhadrak, Bhadrak Ward, Bhadrak PAN No. : AJDPM0006A (अऩीलाथी /Appellant) (प्रत्यथी / Respondent) .. ITA Nos.38 & 39/CTK/2020 (नििाारण वषा / A…