CIT v. P. Balasubramanian

354 ITR 116High Court2013#1945 most cited

What is CIT v. P. Balasubramanian authority for?

An addition to income can be made based on an assessee's statement recorded during a survey under Section 133A only if it is substantiated by relevant supporting material and not solely on the statement itself.

59

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2016 to 2026.

Also referred to as

CIT v. P. Balasubramanian · P. Balasubramanian 354 ITR 116 · statement under Section 133A · survey statement evidentiary value · addition based on survey statement · material to substantiate addition · corroboration of statement · Section 132(4) statement · search and seizure assessment · Madras High Court

Also reported as

231 CTR 165

Sections most often in play

Section 132(4)Section 133ASection 131Section 132(4A)Section 143(3)Section 147Section 153ASection 292C

Issues it is cited on

section 23(3)section 181section 114(e)abatement of assessmentsection 153(c)section 153a proceedingsthird party informationsection 132(4a)circle ratesection 158bdpercentage completion methodstatement under section 132(4)

Judgments citing CIT v. P. Balasubramanian

The DCIT, Central Circle-1(4), Ahmedabad vs. M/S. Awas Developers, Ahmedabad

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

ITA 368/AHD/2020[2010-11]Status: DisposedITAT Ahmedabad13 Mar 2024AY 2010-11

Bench: Shri Waseem Ahmed & Shri Tr Senthil Kumarआयकरअपीलसं./Ita No. 368/Ahd/2020 धििाधरणवरध/Asstt. Year: 2010-2011 The D.C.I.T, M/S Awas Developers, Central Circle-1(4), Vs. “Agam Buglows” Ahmedabad. Opp. Subhash Society, Sanand-Kalol Road, Ahmedabad.

For Appellant: Shri Aseem L Thakkar, ARFor Respondent: Shri Ashok Kumar Suthar, Sr. DR
Section 184Section 40ASection 68

…ion of law that additions merely on the basis of the statement without any material or evidence would not be tenable. This view is fortified by the following decisions. i.CIT v S.Khader Khan & Sons (2012) 210 Taxmann 248 (SC) ii.CIT v P.Balasubramaniam (2013) 354 ITR 116 (Mad.) iii. CIT V Dhingra Metal Works (2010) 328 ITR 384 (Del.) iv.ITO v Vijay Kumar Kesar (2010) 327 ITR 497 (Chattisgarh) V.Ashok Manilal Thakkar v ACIT (2005) 97 ITD 361 (Ahd.) In view of the above facts and ratio laid down in case laws (supra), the addition made by the AO is hereby deleted. The ground no.4 of appeal is allowed. 14. Being agg…

Dy. Commissioner of Income Tax-27(2), Mumbai vs. M/S Parshwa Associates, Mumbai

In the result, the appeal filed by the assessee is allowed and the appeal of the revenue is dismissed

ITA 2584/MUM/2022[2017-18]Status: DisposedITAT Mumbai04 May 2023AY 2017-18

Bench: Shri B.R. Baskaran (Am) & Shri Pavan Kumar Gadale (Jm) I.T.A. No. 2584/Mum/2022 (A.Y. 2017-18) Dcit-27(2) Vs. M/S. Parshwa Associates Room No. 419, 4Th Floor 109, Central Facilities Building Tower No. 6 No. 2, Sector 19, Vashi Vashi Railway Station Navi Mumbai-400703. Complex, Vashi Navi Mumbai-400 703. Pan : Aajfp2117Q (Appellant) (Respondent)

Section 133A

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI „C‟ BENCH, MUMBAI. Before Shri B.R. Baskaran (AM) & Shri Pavan Kumar Gadale (JM) I.T.A. No. 2584/Mum/2022 (A.Y. 2017-18) DCIT-27(2) Vs. M/s. Parshwa Associates Room No. 419, 4th Floor 109, Central Facilities Building Tower No. 6 No. 2, Sector 19, Vashi Vashi Railway Station Navi Mumbai-400703. Complex, Vashi Navi Mumbai-400 703. PAN : AAJFP2117Q (Appellant) (Respondent) I.T.A. No. 1900/Mum/2022 (A.Y. 2017-18) M/s. Parshwa Associates Vs. DCIT-27(2) 109, Central Facilities Building Room No. 419, 4th Floor No. 2, Sector 19, Vashi Tower No. 6 Navi Mumbai-400703. Vashi Rail…

Parshwa Associates, Mumbai vs. National Faceless Appeal Centre, Mumbai

In the result, the appeal filed by the assessee is allowed and the appeal of the revenue is dismissed

ITA 1900/MUM/2022[2017-18]Status: DisposedITAT Mumbai04 May 2023AY 2017-18

Bench: Shri B.R. Baskaran (Am) & Shri Pavan Kumar Gadale (Jm) I.T.A. No. 2584/Mum/2022 (A.Y. 2017-18) Dcit-27(2) Vs. M/S. Parshwa Associates Room No. 419, 4Th Floor 109, Central Facilities Building Tower No. 6 No. 2, Sector 19, Vashi Vashi Railway Station Navi Mumbai-400703. Complex, Vashi Navi Mumbai-400 703. Pan : Aajfp2117Q (Appellant) (Respondent)

Section 133A

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI „C‟ BENCH, MUMBAI. Before Shri B.R. Baskaran (AM) & Shri Pavan Kumar Gadale (JM) I.T.A. No. 2584/Mum/2022 (A.Y. 2017-18) DCIT-27(2) Vs. M/s. Parshwa Associates Room No. 419, 4th Floor 109, Central Facilities Building Tower No. 6 No. 2, Sector 19, Vashi Vashi Railway Station Navi Mumbai-400703. Complex, Vashi Navi Mumbai-400 703. PAN : AAJFP2117Q (Appellant) (Respondent) I.T.A. No. 1900/Mum/2022 (A.Y. 2017-18) M/s. Parshwa Associates Vs. DCIT-27(2) 109, Central Facilities Building Room No. 419, 4th Floor No. 2, Sector 19, Vashi Tower No. 6 Navi Mumbai-400703. Vashi Rail…

DCIT Central Circle-1(1), Hyderabad vs. Nanitha Constructions, Hyderabad

In the result, appeal filed by the Revenue is dismissed

ITA 504/HYD/2022[2019-20]Status: DisposedITAT Hyderabad28 Apr 2023AY 2019-20

Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year: 2019-20 Dy. C. I. T Vs. Nanitha Constructions Central Circle 1(1) Hyderabad Hyderabad Pan:Aagfn1630D (Appellant) (Respondent) Assessee By: Shri K.C. Devdas, Ca Revenue By: Shri Kprr Murthy, Cit(Dr) Date Of Hearing: 18/04/2023 Date Of Pronouncement: 28/04/2023 Order Per R.K. Panda, A.M This Appeal Filed By The Assessee Is Directed Against The Order Dated 21.07.2022 Of The Learned Cit (A)-11, Hyderabad, Relating To A.Y.2019-20. 2. Facts Of The Case, In Brief, Are That The Assessee Is A Firm Engaged In The Business Of Contract Works. It Filed Its Return Of Income For The A.Y 2019-20 On 20.09.2019 Declaring Total Income At Rs.4,41,98,240/-. In This Case, A Survey Operation U/S 133A Of The I.T. Act Was Conducted On 22.3.2019 During The Course Of Which The Assessee Had Admitted Additional Income Of Rs.6.00 Crores Voluntarily To Cover Up The Discrepancies In The Books Of Account. However, In The Return Of Income The Assessee

For Appellant: Shri K.C. Devdas, CAFor Respondent: Shri KPRR Murthy, CIT(DR)
Section 133ASection 142(1)Section 143(2)

…igh Court in the case of CIT vs. Dhingra Metal Works (2010) 328 ITR 384 (Del.) has held that any statement recorded u/s 133A has no evidentiary value. Similar view has been taken by the Hon'ble Madras High Court in the case of CIT vs. P Balasubramaniam (2013) 354 ITR 116 (Mad). 22. Further, it is the settled proposition of law that every year is independent and therefore, merely because the assessee Page 12 of 14 ITA 504 of 2022 Nanitha Constructions has admitted the additional income declared during the course of survey for the A.Y 2018-19, the same cannot bind the assessee for admitting such additional income…

M/S. Bellezza (India) Pvt. Ltd., Nagpur vs. ACIT, Circle- 2, Nagpur

In the result, appeal of the Assessee is Partly Allowed

ITA 74/NAG/2015[2009-10]Status: DisposedITAT Nagpur13 Jan 2023AY 2009-10

Bench: S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.74/Nag/2015 िनधा"रण वष" / Assessment Year : 2009-10 M/S.Bellazza (India) Pvt. Ltd., The Acit, Circle-2, Lg-3, Achraj Tower-Ii, Vs Nagpur. Chhaoni Chowk, Chhindwara Road, Nagpur – 13. Pan: Aaccb 4029 M Appellant/ Assessee Respondent /Revenue Assessee By Shri S.C.Thakar – Ar Revenue By Shri G.J.Ninawe - Dr Date Of Hearing 17/11/2022 Date Of Pronouncement 13/01/2023 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-1, Nagpur Dated 05.11.2014 Emanating From The Order Of Acit(Ao) Dated 30.12.2011 Passed Under Section 143(3) Of The Act,1961. The Assessee Has Raised The Following Grounds Of Appeal: “1] A.C.I.T. Erred In Rejecting The Audited Books Of Account & Estimated Income @ 5% Of Total Receipts & Also Adding Additional Income Of Rs.30 Lacs To The Returned Income. Learned C.I.T.(A) Has Confirm The Addition Without Any Basis. 2] Learned C.I.T.(A) & A.C.I.T. Erred In Not Accepting The Assessee’S Various Submission & Supporting Documents Filed By The

Section 133ASection 143(3)Section 37

…s made the addition only on the basis of sworn statement of the managing partner. Accordingly, we dismiss the ground taken by the Revenue. The appeal of the Revenue is dismissed. ” Unquote. 7.3 Hon’ble Madras High Court in the case of CIT vs P.Balasubramanian 354 ITR 116(Madras) has observed as under : Quote, “The statement recorded during survey operation under Section 133A may be a relevant material. But in the absence of further materials to substantiate the same, such statement recorded under Section 133A can hardly be the basis for assessment. During the survey, 900 gms of gold was found in the premises of t…

DCIT Central Circle-1(2), Mumbai vs. Jay Ketan Parikh, Mumbai

In the result, appeal filed by the Revenue is dismissed

ITA 1225/MUM/2022[2006-07]Status: DisposedITAT Mumbai22 Aug 2022AY 2006-07

Bench: Shri S. Rifaur Rahman, Hon'Ble & Ms Kavitha Rajagopal, Hon'Bledcit – Central Circle – 1(2) V. Jay Ketan Parikh Room No. 906, 9Th Floor 94-D, Thanee Heights Pratishtha Bhavan, Old Cgo Annexe 66, Nepean Sea Road Maharishi Karve Road Mumbai - 400006 Mumbai - 400020 Pan: Aaipp6681J (Appellant) (Respondent) Assessee By : Shri Anuj Kisnadwala Department By : Shri Achal Sharma

For Appellant: Shri Anuj KisnadwalaFor Respondent: Shri Achal Sharma
Section 132(1)Section 132(4)Section 139(1)Section 143(2)Section 143(3)Section 271(1)(c)Section 69

…d the same is liable to be cancelled. Some of the often quoted decisions are Com (i) KC Builders v. ACIT, 265 ITR 562 (SC) (ii) ITO V. Nandlal & Co., 341 ITR 646 (Bom) (iii) CIT v. Brahmaputra Consortium Ltd., 348 ITR 339 (Del) (iv) CIT v. P. Balasubramanian, 354 ITR 116 (Mad) 7. Consequently, penalty levied u/s 271(1)(c) of Rs.9,42,29,730/- is deleted. Hence, ground of appeal no.2 is allowed in favour of the assessee. As a result, grounds of appeal no. 1, 3 & 4 become infructuous. 8. Hence, appeal of the assessee is allowed.” 6. On a careful reading of the above order, we find that the Ld.CIT(A) deleted the pen…

DCIT Central Circle-1(2), Mumbai vs. Jay Ketan Parikh, Mumbai

In the result, appeal filed by the Revenue is dismissed

ITA 1223/MUM/2022[2007-08]Status: DisposedITAT Mumbai22 Aug 2022AY 2007-08

Bench: Shri S. Rifaur Rahman, Hon'Ble & Ms Kavitha Rajagopal, Hon'Bledcit – Central Circle – 1(2) V. Jay Ketan Parikh Room No. 906, 9Th Floor 94-D, Thanee Heights Pratishtha Bhavan, Old Cgo Annexe 66, Nepean Sea Road Maharishi Karve Road Mumbai - 400006 Mumbai - 400020 Pan: Aaipp6681J (Appellant) (Respondent) Assessee By : Shri Anuj Kisnadwala Department By : Shri Vranda U. Matkari

For Appellant: Shri Anuj KisnadwalaFor Respondent: Shri Vranda U. Matkari
Section 132(1)Section 132(4)Section 139(1)Section 143(2)Section 143(3)Section 271(1)(c)Section 69

…d the same is liable to be cancelled. Some of the often quoted decisions are Com (i) KC Builders v. ACIT, 265 ITR 562 (SC) (ii) ITO V. Nandlal & Co., 341 ITR 646 (Bom) (iii) CIT v. Brahmaputra Consortium Ltd., 348 ITR 339 (Del) (iv) CIT v. P. Balasubramanian, 354 ITR 116 (Mad) 7. Consequently, penalty levied u/s 271(1)(c) of Rs.2,16,27,860/- is deleted. Hence, ground of appeal no.2 is allowed in favour of the assessee. As a result, grounds of appeal no. 1, 3 & 4 become infructuous. 8. Hence, appeal of the assessee is allowed.” 6. On a careful reading of the above order, we find that the Ld.CIT(A) deleted the pen…

Kiritkumar Dharsibai Suba, Mumbai vs. Dy CIT-CC-1(4), Mumbai

Accordingly, these appeals are also allowed

ITA 1194/MUM/2021[2018-19]Status: DisposedITAT Mumbai28 Apr 2022AY 2018-19

Bench: Shri Amarjit Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

For Appellant: Nishita MandalywalaFor Respondent: Smt. Neelam Shukla
Section 143(1)Section 143(2)Section 143(3)Section 153Section 153C

…10 ITA.NOs. 1188 to 1194/MUM/2021 Kiritkumar Dharsibhai Suba basis of the statement of the assessee recorded u/s 131 during survey in the premises of M/s Suba & Co. In the similar situation, the Hon’ble Madras High Court in case of CIT vs. P. Balasubramanian (354 ITR 116 - order placed on record) held that the statement recorded during survey operation u/s 133A may be relevant material, but in the absence of further materials to substantiate the same, such statement recorded u/s 133A can hardly be the basis for assessment. In our considered view the statement recorded u/s 131 during the course of proceedings u/s…

Kiritkumar Dharsibai Suba, Mumbai vs. Dy CIT-CC-1(4), Mumbai

Accordingly, these appeals are also allowed

ITA 1193/MUM/2021[2017-18]Status: DisposedITAT Mumbai28 Apr 2022AY 2017-18

Bench: Shri Amarjit Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

For Appellant: Nishita MandalywalaFor Respondent: Smt. Neelam Shukla
Section 143(1)Section 143(2)Section 143(3)Section 153Section 153C

…10 ITA.NOs. 1188 to 1194/MUM/2021 Kiritkumar Dharsibhai Suba basis of the statement of the assessee recorded u/s 131 during survey in the premises of M/s Suba & Co. In the similar situation, the Hon’ble Madras High Court in case of CIT vs. P. Balasubramanian (354 ITR 116 - order placed on record) held that the statement recorded during survey operation u/s 133A may be relevant material, but in the absence of further materials to substantiate the same, such statement recorded u/s 133A can hardly be the basis for assessment. In our considered view the statement recorded u/s 131 during the course of proceedings u/s…

Kiritkumar Dharsibai Suba, Mumbai vs. Dy CIT-CC-1(4), Mumbai

Accordingly, these appeals are also allowed

ITA 1192/MUM/2021[2016-17]Status: DisposedITAT Mumbai28 Apr 2022AY 2016-17

Bench: Shri Amarjit Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

For Appellant: Nishita MandalywalaFor Respondent: Smt. Neelam Shukla
Section 143(1)Section 143(2)Section 143(3)Section 153Section 153C

…10 ITA.NOs. 1188 to 1194/MUM/2021 Kiritkumar Dharsibhai Suba basis of the statement of the assessee recorded u/s 131 during survey in the premises of M/s Suba & Co. In the similar situation, the Hon’ble Madras High Court in case of CIT vs. P. Balasubramanian (354 ITR 116 - order placed on record) held that the statement recorded during survey operation u/s 133A may be relevant material, but in the absence of further materials to substantiate the same, such statement recorded u/s 133A can hardly be the basis for assessment. In our considered view the statement recorded u/s 131 during the course of proceedings u/s…

Kiritkumar Dharsibai Suba, Mumbai vs. Dy CIT-CC-1(4), Mumbai

Accordingly, these appeals are also allowed

ITA 1191/MUM/2021[2015-16]Status: DisposedITAT Mumbai28 Apr 2022AY 2015-16

Bench: Shri Amarjit Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

For Appellant: Nishita MandalywalaFor Respondent: Smt. Neelam Shukla
Section 143(1)Section 143(2)Section 143(3)Section 153Section 153C

…10 ITA.NOs. 1188 to 1194/MUM/2021 Kiritkumar Dharsibhai Suba basis of the statement of the assessee recorded u/s 131 during survey in the premises of M/s Suba & Co. In the similar situation, the Hon’ble Madras High Court in case of CIT vs. P. Balasubramanian (354 ITR 116 - order placed on record) held that the statement recorded during survey operation u/s 133A may be relevant material, but in the absence of further materials to substantiate the same, such statement recorded u/s 133A can hardly be the basis for assessment. In our considered view the statement recorded u/s 131 during the course of proceedings u/s…

Kiritkumar Dharsibai Suba, Mumbai vs. Dy CIT-CC-1(4), Mumbai

Accordingly, these appeals are also allowed

ITA 1190/MUM/2021[2014-15]Status: DisposedITAT Mumbai28 Apr 2022AY 2014-15

Bench: Shri Amarjit Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

For Appellant: Nishita MandalywalaFor Respondent: Smt. Neelam Shukla
Section 143(1)Section 143(2)Section 143(3)Section 153Section 153C

…10 ITA.NOs. 1188 to 1194/MUM/2021 Kiritkumar Dharsibhai Suba basis of the statement of the assessee recorded u/s 131 during survey in the premises of M/s Suba & Co. In the similar situation, the Hon’ble Madras High Court in case of CIT vs. P. Balasubramanian (354 ITR 116 - order placed on record) held that the statement recorded during survey operation u/s 133A may be relevant material, but in the absence of further materials to substantiate the same, such statement recorded u/s 133A can hardly be the basis for assessment. In our considered view the statement recorded u/s 131 during the course of proceedings u/s…

Kiritkumar Dharsibai Suba, Mumbai vs. Dy CIT-CC-1(4), Mumbai

Accordingly, these appeals are also allowed

ITA 1189/MUM/2021[2013-14]Status: DisposedITAT Mumbai28 Apr 2022AY 2013-14

Bench: Shri Amarjit Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

For Appellant: Nishita MandalywalaFor Respondent: Smt. Neelam Shukla
Section 143(1)Section 143(2)Section 143(3)Section 153Section 153C

…10 ITA.NOs. 1188 to 1194/MUM/2021 Kiritkumar Dharsibhai Suba basis of the statement of the assessee recorded u/s 131 during survey in the premises of M/s Suba & Co. In the similar situation, the Hon’ble Madras High Court in case of CIT vs. P. Balasubramanian (354 ITR 116 - order placed on record) held that the statement recorded during survey operation u/s 133A may be relevant material, but in the absence of further materials to substantiate the same, such statement recorded u/s 133A can hardly be the basis for assessment. In our considered view the statement recorded u/s 131 during the course of proceedings u/s…

Kiritkumar Dharsibai Suba, Mumbai vs. Dy CIT-CC-1(4), Mumbai

Accordingly, these appeals are also allowed

ITA 1188/MUM/2021[2012-13]Status: DisposedITAT Mumbai28 Apr 2022AY 2012-13

Bench: Shri Amarjit Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

For Appellant: Nishita MandalywalaFor Respondent: Smt. Neelam Shukla
Section 143(1)Section 143(2)Section 143(3)Section 153Section 153C

…10 ITA.NOs. 1188 to 1194/MUM/2021 Kiritkumar Dharsibhai Suba basis of the statement of the assessee recorded u/s 131 during survey in the premises of M/s Suba & Co. In the similar situation, the Hon’ble Madras High Court in case of CIT vs. P. Balasubramanian (354 ITR 116 - order placed on record) held that the statement recorded during survey operation u/s 133A may be relevant material, but in the absence of further materials to substantiate the same, such statement recorded u/s 133A can hardly be the basis for assessment. In our considered view the statement recorded u/s 131 during the course of proceedings u/s…

M/S. Raj Enterprise, Surat vs. The Dy. Commissioner of Income Tax-6, Surat

ITA 1167/AHD/2016[2010-11]Status: DisposedITAT Surat31 Mar 2022AY 2010-11

Bench: Shri Pawan Singh & Dr Arjun Lal Saini

Section 145(3)Section 254(1)Section 53A

…228 (SC)  CIT vs Golden Finance (2013) 40 Taxman.com 329 (Guj.)  M/s Sashi Wines vs ITO (ITA No. 882/AHD/2017)  CIT vs Digambar Kumar Jain (HUF) (2013) 84 DTR 365 (MP)  CIT vs Dhingra Metal Works (2010) 236 CTR 621 (Del)  CIT vs P. Balasubramanian (2013) 354 ITR 116 (Mad)  ITO vs Vijay Kumar Kesar (2010) 231 CTR 165 (Chattisgarh)  CIT vs S. Khader Khan Son (2008) 214 CTR 589 (Mad.) 32. The ld. AR submits that statement of Shri Ritesh Gheewala was recorded on oath whereas the provisions of section 133A(3)(iii) do not permit the recording of his statement on oath during survey proceedings, thus, the statemen…

M/S. Raj Enterprise, Surat vs. The Dy. Commissioner of Income Tax-6, Surat

ITA 1166/AHD/2016[2009-10]Status: DisposedITAT Surat31 Mar 2022AY 2009-10

Bench: Shri Pawan Singh & Dr Arjun Lal Saini

Section 145(3)Section 254(1)Section 53A

…228 (SC)  CIT vs Golden Finance (2013) 40 Taxman.com 329 (Guj.)  M/s Sashi Wines vs ITO (ITA No. 882/AHD/2017)  CIT vs Digambar Kumar Jain (HUF) (2013) 84 DTR 365 (MP)  CIT vs Dhingra Metal Works (2010) 236 CTR 621 (Del)  CIT vs P. Balasubramanian (2013) 354 ITR 116 (Mad)  ITO vs Vijay Kumar Kesar (2010) 231 CTR 165 (Chattisgarh)  CIT vs S. Khader Khan Son (2008) 214 CTR 589 (Mad.) 32. The ld. AR submits that statement of Shri Ritesh Gheewala was recorded on oath whereas the provisions of section 133A(3)(iii) do not permit the recording of his statement on oath during survey proceedings, thus, the statemen…

The Dy.Commissioner of Income Tax Circle-2(3), Surat vs. M/S. Raj Enterprises, Surat

ITA 1164/AHD/2016[2010-11]Status: DisposedITAT Surat31 Mar 2022AY 2010-11

Bench: Shri Pawan Singh & Dr Arjun Lal Saini

Section 145(3)Section 254(1)Section 53A

…228 (SC)  CIT vs Golden Finance (2013) 40 Taxman.com 329 (Guj.)  M/s Sashi Wines vs ITO (ITA No. 882/AHD/2017)  CIT vs Digambar Kumar Jain (HUF) (2013) 84 DTR 365 (MP)  CIT vs Dhingra Metal Works (2010) 236 CTR 621 (Del)  CIT vs P. Balasubramanian (2013) 354 ITR 116 (Mad)  ITO vs Vijay Kumar Kesar (2010) 231 CTR 165 (Chattisgarh)  CIT vs S. Khader Khan Son (2008) 214 CTR 589 (Mad.) 32. The ld. AR submits that statement of Shri Ritesh Gheewala was recorded on oath whereas the provisions of section 133A(3)(iii) do not permit the recording of his statement on oath during survey proceedings, thus, the statemen…

M/S Bhivaram Pannalal Kumawat, Jaipur vs. ACIT, Central Circle-3, Jaipur

Appeal are disposed off and all the appeals of the

ITA 69/JPR/2021[2012-13]Status: DisposedITAT Jaipur29 Mar 2022AY 2012-13

Bench: Us By The Department. The Facts As Well As Issues, Are More Or Less Involving The Disallowance Of Labour Expenses & Therefore, These Twelve Appeals Were Head

For Appellant: Shri P.C. Parwal, CAFor Respondent: Shri Sanjay Dhariwal, CIT
Section 132(4)Section 143(3)Section 153A

…at or coercion, with no evidence to support the admitted income, the burden of proof is on the Assessing officer to establish his conclusion. A statement which is not substantiated cannot be taken as binding on the assessee. CIT v Balasubramanian (P) (2013) 354 ITR 116 (Mad.). Therefore, reliance made by A.O. on such statement is uncalled for. 16.6 The assessee has furnished all the evidences in support of its claim, whereas the AO has merely relied upon a statement which has been retracted in 15 days time giving detailed reasoning and explaining the circumstance stating the name of the officer pressured the…

DCIT, CC-3, Jaipur vs. M/S Bhivaram Pannalal Kumawat, Jaipur

Appeal are disposed off and all the appeals of the

ITA 117/JPR/2021[ 2013-14]Status: DisposedITAT Jaipur29 Mar 2022

Bench: Us By The Department. The Facts As Well As Issues, Are More Or Less Involving The Disallowance Of Labour Expenses & Therefore, These Twelve Appeals Were Head

For Appellant: Shri P.C. Parwal, CAFor Respondent: Shri Sanjay Dhariwal, CIT
Section 132(4)Section 143(3)Section 153A

…at or coercion, with no evidence to support the admitted income, the burden of proof is on the Assessing officer to establish his conclusion. A statement which is not substantiated cannot be taken as binding on the assessee. CIT v Balasubramanian (P) (2013) 354 ITR 116 (Mad.). Therefore, reliance made by A.O. on such statement is uncalled for. 16.6 The assessee has furnished all the evidences in support of its claim, whereas the AO has merely relied upon a statement which has been retracted in 15 days time giving detailed reasoning and explaining the circumstance stating the name of the officer pressured the…

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

…eat or coercion, with no evidence to support the admitted income, the burden of proof is on the Assessing officer to establish his conclusion. A statement which is not substantiated cannot be taken as binding on the assessee. CIT v Balasubramanian (P) (2013) 354 ITR 116 (Mad.). Therefore reliance made by A.O. on such statement is uncalled for. 5.13. The assessee has furnished all the evidences in support of its claim showing the investment in the shares and purchases of the shares has been accepted by the A.O. in the year of its acquisition and thereafter, until the same were sold. It is submitted that the as…