CIT v. S. Kamaraja Pandian (150 ITR 703)

M/S Santhimadom Herbal City Trust, Ernakulam vs. ACIT Central Circle 2, Kochi

In the result, the assessee’s appeals are partly allowed

ITA 921/COCH/2022[2009-10]Status: DisposedITAT Cochin14 Nov 2023AY 2009-10

Bench: Shri Sanjay Arora, Am & Shri Manomohan Das, Jm

For Appellant: Sri.Mathew Joseph, CAFor Respondent: Smt.J.M.Jamuna Devi, Sr.DR

Section 132Section 144Section 153ASection 153C

…IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN Before Shri Sanjay Arora, AM & Shri Manomohan Das, JM ITA No.920/Coch/2022: Asst.Year:2008-2009 ITA No.921/Coch/2022: Asst.Year:2009-2010 Santhimadom Herbal City Trust, The Assistant Commissioner of Santhimadom, ThekkeNaluvazhi, Income-tax, Central Circle-2 vs. North Paravur Ernakulam. Ernakulam – 683 513. [PAN: AAGTS8165E] (Appellant) (Respondent) Appellant by: Sri.Mathew Joseph, CA Respondent by:Smt.J.M.Jamuna Devi, Sr.DR Date of Date of Hearing : 16.08.2023 Pronouncement: 14.11.2023 O R D E R Per Sanjay Arora, AM: This is a set of two Appeals by the As…

M/S Santhimadom Herbal City Trust, Ernakulam vs. ACIT Central Circle -2, Kochi

In the result, the assessee’s appeals are partly allowed

ITA 920/COCH/2022[2008-09]Status: DisposedITAT Cochin14 Nov 2023AY 2008-09

Bench: Shri Sanjay Arora, Am & Shri Manomohan Das, Jm

For Appellant: Sri.Mathew Joseph, CAFor Respondent: Smt.J.M.Jamuna Devi, Sr.DR

Section 132Section 144Section 153ASection 153C

…IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN Before Shri Sanjay Arora, AM & Shri Manomohan Das, JM ITA No.920/Coch/2022: Asst.Year:2008-2009 ITA No.921/Coch/2022: Asst.Year:2009-2010 Santhimadom Herbal City Trust, The Assistant Commissioner of Santhimadom, ThekkeNaluvazhi, Income-tax, Central Circle-2 vs. North Paravur Ernakulam. Ernakulam – 683 513. [PAN: AAGTS8165E] (Appellant) (Respondent) Appellant by: Sri.Mathew Joseph, CA Respondent by:Smt.J.M.Jamuna Devi, Sr.DR Date of Date of Hearing : 16.08.2023 Pronouncement: 14.11.2023 O R D E R Per Sanjay Arora, AM: This is a set of two Appeals by the As…

Shri Prince Rai, Damoh vs. Income Tax Officer, Damoh

In the result, the appeal by the assessee is allowed for statistical purposes

ITA 145/JAB/2018[2009-10]Status: DisposedITAT Jabalpur22 Jul 2021AY 2009-10

Bench: Sh. Sanjay Arora, Hon'Bleassessment Year : 2009-10 Prince Rai, Income Tax Officer, Vs. Ward - Damoh Damoh (M.P.) (M.P.) [Pan: Ahlpr 7469N] (Appellant) (Respondent) Appellant By Sh. H.S. Modh, Adv. Respondent By Smt. Swati Agarwal, Sr. Dr Date Of Hearing 14/07/2021 Date Of Pronouncement 22/07/2021

Section 143(3)Section 250(6)

…s the truth of his accounts, i.e., prove the same qua the relevant entries in the accounts – nothing more and nothing less. That is, the truth of his accounts is to be proved despite the entries to that effect therein (refer: CIT v. S. Kamaraja Pandian [1984] 150 ITR 703 (Mad)). The plea as to the non- maintainability of an addition u/s. 68, i.e., qua a credit entry/s, in view of the accounts being not accepted, and the income of the assesseee’s business being determined by estimation (with reference to the material gathered by and available with the AO), was accordingly rejected by the Apex Court; it holding tha…

Shri Om Parkash Legal Heiar Smt Pushpa Verma, Jalandhar vs. Income Tax Officer Ward-1(3), Jalandhar

In the result, the assessee’s appeal is dismissed

ITA 756/ASR/2017[2014-15]Status: DisposedITAT Amritsar31 Oct 2018AY 2014-15

Bench: Sh. Sanjay Arorai.T.A. No. 756/Asr/2017 Assessment Year: 2014-15

For Appellant: Sh. Ashray Sarna (C.A.)For Respondent: Sh. Charan Dass (D.R.)

Section 143(3)Section 145(3)Section 41(1)Section 41(1)(a)Section 68

…SC); Kalekhan Mohammed Hanif v. CIT (1963) 50 ITR 1 (affirming the landmark decision [1958] 34 ITR 669 (MP))], reference, particularly in the context of the present case, which is qua section 41(1), be made to the decision in CIT v. S. Kamaraja Pandian [1984] 150 ITR 703 (Mad), clarifying that the assessee shall, inspite of entries to that effect in his accounts, have to establish the identity of the creditor; his capacity to advance; as well as the genuineness of the loan. Section 41(1), sure, casts no such obligation on the assessee as does sec. 68, i.e., to explain the nature and source of the credit. The ques…

Smt. Kiran Mahajan, Jammu vs. Income Tax Officer, Ward-1(2) Jammu

In the result, the assessee’s appeal is allowed for statistical purposes

ITA 319/ASR/2017[2012-13]Status: DisposedITAT Amritsar31 Jul 2018AY 2012-13

Bench: Sh. Sanjay Arora & Sh. N. K. Choudhryi.T.A. No. 319 & S.A. 15/(Asr)/2017 Assessment Year: 2012-13

For Appellant: Sh. P. N. Arora (Adv.)For Respondent: Sh. A. N. Mishra (D.R.)

Section 133(6)Section 143(3)

…beneficiary of the sum credited, that the law deems it to be the assessee’s income unless he satisfactorily explains the same (credit) as to its nature and source. Reference in this context may also be made to the decision in CIT v. S. Kamaraja Pandian [1984] 150 ITR 703 (Mad), wherein it stands explained that in spite of the entries to that effect in his accounts, an assessee, in view of section 68, will have to establish the identity of the creditor; the capacity of the creditor to advance; and the genuineness of the transaction/s, and where the assessee does not offer any explanation about the nature and sourc…

Abdul Hafiz, Udhampur vs. D.C.I.T, Circle-2, Jammu

In the result, the assessee’s appeal is allowed for statistical purposes

ITA 465/ASR/2017[2013-14]Status: DisposedITAT Amritsar19 Mar 2018AY 2013-14

Bench: Sh. Sanjay Arora & Sh. N. K. Choudhryi.T.A. No. 465/(Asr)/2017 Assessment Year: 2013-14

For Appellant: Sh. P. N. Arora, AdvFor Respondent: Sh. Rajeev Gubgotra (D.R.)

Section 143(3)Section 68Section 69

…beneficiary of the sum credited, that the law deems it to be the assessee’s income unless he satisfactorily explains the same (credit) as to its nature and source. Reference in this context may also be made to the decision in CIT v. S. Kamaraja Pandian [1984] 150 ITR 703 (Mad), wherein it stands explained that in spite of the entries to that effect in his accounts, an assessee, in view of section 68, will have to establish the identity of the creditor; the capacity of the creditor to advance; and the genuineness of the transaction/s, and where the assessee does not offer any explanation about the nature and sourc…

CIT v. S. Kamaraja Pandian