CIT v. S. Khader Khan Son

300 ITR 157High Court2008#155 most cited

What is CIT v. S. Khader Khan Son authority for?

A statement recorded under duress during a survey, if subsequently retracted, has no evidentiary value and cannot be the sole basis for an income-tax assessment; the assessment should instead rely on audited accounts.

452

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2010 to 2026.

Also referred to as

CIT v. S. Khader Khan Son · S. Khader Khan Son · Section 133A · Section 132(4) · retracted statement · survey statement evidentiary value · statement under duress · assessment based on retracted statement · no evidentiary value for survey statement · audited accounts reliance

Also reported as

214 CTR 58940 Taxmann.com 329

Sections most often in play

Section 133ASection 143(3)Section 131Section 147Section 148Section 115BBESection 132(4)Section 132

Issues it is cited on

section 133a(3)(iii)retracted statementstatement under section 132(4)survey under section 133asection 269sssection 133asection 292csection 132(4a)loose paperssection 158bsection 133section 132(4)

Judgments citing CIT v. S. Khader Khan Son

Snehalata Ahnand Rane, Mumbai vs. Income Tax Officer-Ward 3(3), Kalyan

The appeals of the assessee are partly allowed

ITA 1785/MUM/2018[2009-10]Status: DisposedITAT Mumbai11 Oct 2018AY 2009-10

Bench: Shri Joginder Singh

Section 133(6)Section 139Section 142Section 143Section 143(3)Section 147Section 148Section 69C

…and the addition was merely on the basis of statement only then reopening of assessment u/s 147 of the Act was not permissible. Likewise, in the case of CIT vs S. Khader Khan Son (2012) 254 CTR 228 (SC), affirming the decision of Madras High Court in (2008) 300 ITR 157 (Mad.), the whole addition was made solely on the basis of statement u/s 133A and no other material was found, in that situation, it was held that the such statement has no evidentiary value. 2.29. In the case of Aradhna Estate Pvt. Ltd. vs DCIT (2018) 91 taxmann.com 119 (Gujarat), the Hon'ble High Court observed/held as under:- “In reasons…

Shri Dineshkumar C. Doshi, Mumbai vs. Income Tax Officer 19(1)(4), Mumbai

The appeals of the assessee are dismissed

ITA 1730/MUM/2018[2011-12]Status: DisposedITAT Mumbai11 Oct 2018AY 2011-12

Bench: Shri Joginder Singh

Section 133(6)Section 139Section 142Section 143Section 147Section 148

…n was merely on the basis of statement only Dinesh S. Jain then reopening of assessment u/s 147 of the Act was not permissible. Likewise, in the case of CIT vs S. Khader Khan Son (2012) 254 CTR 228 (SC), affirming the decision of Madras High Court in (2008) 300 ITR 157 (Mad.), the whole addition was made solely on the basis of statement u/s 133A and no other material was found, in that situation, it was held that the such statement has no evidentiary value. 4.28. In the case of Aradhna Estate Pvt. Ltd. vs DCIT (2018) 91 taxmann.com 119 (Gujarat), the Hon'ble High Court observed/held as under:- “In reasons…

Kachrulal Nathamal Mutha, Jalna vs. Dy.CIT, Cen. Aurangabad, Aurangabad

In the result, the appeal of assessee is partly allowed

ITA 434/PUN/2011[2006-07]Status: DisposedITAT Pune08 Oct 2018AY 2006-07

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

For Appellant: Shri Kishor PhadkeFor Respondent: Shri Rajeev Kumar
Section 132Section 133A

…g : Appellant submits that the statement recorded during the course of survey is not binding. Appellant in this regards is placing reliance on following judicial pronouncements: a) CIT Vs. S. Khader Khan Son - 254 CTR 288 (SC) b) CIT Vs. S. Khader Khan Son - 300 ITR 157 (Madras) c) Jyotichand Bhaichand Saraf & Sons Pvt. Ltd. Vs. DCIT -154 TTJ 226 (Pune).” 3.1 The assessee has supplemented his written submissions by filing another set of note and the same reads as under : “1. Modus operandi of business: Appellant is engaged in the business of money lending. The modus operandi of the appellant's business is that,…

ITO 6(3)(2), Mumbai vs. Jaydeep Profiles P.Ltd, Mumbai

ITA 3236/MUM/2016[2009-10]Status: DisposedITAT Mumbai25 Sept 2018AY 2009-10

Bench: Shri Joginder Singh & Shri G. Manjunathaassessment Year: 2009-10 Income Tax Officer 6(3)(2), Jaydeep Profiles P. Ltd., R No.503, 5Th Floor, Aayakar 142/7 Lakdi Bunder Road, बनाम/ Bhavan, M.K.Road, Darukhana, Reay Road, Vs. Mumbai 400 020 Mumbai 400 086 (राज"व /Revenue) ("नधा"रती /Assessee) P.A. No. Aaacj8998B Assessment Year: 2009-10 Jaydeep Profiles P. Ltd., Income Tax Officer 6(3)(2), 142/7 Lakdi Bunder Road, R No.503, 5Th Floor, Aayakar बनाम/ Darukhana, Reay Road, Bhavan, M.K.Road, Vs. Mumbai 400 086 Mumbai 400 020 ("नधा"रती /Assessee) (राज"व /Revenue) P.A. No. Aaacj8998B 2 & 2698/Mum/2016

Section 133(6)Section 139Section 142Section 143Section 147Section 148

…and the addition was merely on the basis of statement only then reopening of assessment u/s 147 of the Act was not permissible. Likewise, in the case of CIT vs S. Khader Khan Son (2012) 254 CTR 228 (SC), affirming the decision of Madras High Court in (2008) 300 ITR 157 (Mad.), the whole addition was made solely on the basis of statement u/s 133A and no other material was found, in that situation, it was held that the such statement has no evidentiary value. 34 & 2698/Mum/2016 Jaydeep Profiles P.Ltd 4.28. In the case of Aradhna Estate Pvt. Ltd. vs DCIT (2018) 91 taxmann.com 119 (Gujarat), the Hon'ble High Cou…

Jaydeep Profiles Pvt. Ltd., Mumbai vs. ITO WD 6 (3)(2), Mumbai

ITA 2698/MUM/2016[2009-10]Status: DisposedITAT Mumbai25 Sept 2018AY 2009-10

Bench: Shri Joginder Singh & Shri G. Manjunathaassessment Year: 2009-10 Income Tax Officer 6(3)(2), Jaydeep Profiles P. Ltd., R No.503, 5Th Floor, Aayakar 142/7 Lakdi Bunder Road, बनाम/ Bhavan, M.K.Road, Darukhana, Reay Road, Vs. Mumbai 400 020 Mumbai 400 086 (राज"व /Revenue) ("नधा"रती /Assessee) P.A. No. Aaacj8998B Assessment Year: 2009-10 Jaydeep Profiles P. Ltd., Income Tax Officer 6(3)(2), 142/7 Lakdi Bunder Road, R No.503, 5Th Floor, Aayakar बनाम/ Darukhana, Reay Road, Bhavan, M.K.Road, Vs. Mumbai 400 086 Mumbai 400 020 ("नधा"रती /Assessee) (राज"व /Revenue) P.A. No. Aaacj8998B 2 & 2698/Mum/2016

Section 133(6)Section 139Section 142Section 143Section 147Section 148

…and the addition was merely on the basis of statement only then reopening of assessment u/s 147 of the Act was not permissible. Likewise, in the case of CIT vs S. Khader Khan Son (2012) 254 CTR 228 (SC), affirming the decision of Madras High Court in (2008) 300 ITR 157 (Mad.), the whole addition was made solely on the basis of statement u/s 133A and no other material was found, in that situation, it was held that the such statement has no evidentiary value. 34 & 2698/Mum/2016 Jaydeep Profiles P.Ltd 4.28. In the case of Aradhna Estate Pvt. Ltd. vs DCIT (2018) 91 taxmann.com 119 (Gujarat), the Hon'ble High Cou…

B.Surendra Reddy, Chennai vs. ACIT Central Circle 3(1), Chennai

In the result the appeal of the assessee is allowed

ITA 2764/CHNY/2017[2009-10]Status: DisposedITAT Chennai18 Sept 2018AY 2009-10

Bench: Shri A.Mohan Alankamony & Shri Duvvuru Rl Reddy

For Appellant: Shri B. Sagadevan, JCITFor Respondent: 16.07.2018
Section 132Section 132(4)Section 139Section 148Section 250(6)

…ing evidential value. He therefore pleaded that the addition made by the Ld.AO may be deleted. The Ld.AR further relied on various case laws more so in the decision of the Hon’ble Jurisdictional High Court in the case CIT Vs. S. Khader Khan Sons reported in 300 ITR 157 which was subsequently confirmed by the Hon’ble Apex Court. The Ld.DR on the other hand relied on the orders of the Ld.Revenue Authorities and argued in support of the same. 6. We have heard the rival submissions and carefully perused the materials on record. From the facts of the case, it is apparent that the Ld.Revenue Authorities had made ad…

Mohd Hasan Abdul Gafoor Momin, Thane vs. ITO WD 1(2), Kalyan

The appeal of the assessee is partly allowed

ITA 3336/MUM/2017[2007-08]Status: DisposedITAT Mumbai18 Sept 2018AY 2007-08

Bench: Shri Joginder Singh & Shri Rajesh Kumarassessment Year: 2007-08 Mohd. Hasan Abdul Gafoor Momin, Income Tax Officer, 430/2, Kotwal Shah Dargha Ward-1(2), बनाम/ Road, Bhiwandi, District- Thane, 1St Floor, Mohan Plaza, Vs. Maharashtra-421308 Wayale Nagar, Kalyan ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No. Aekpm0354F

Section 143(3)Section 147Section 148Section 254

…time then retraction carries more weight. The assessee never alleged that the statement was recorded under duress and threat. Likewise, in the case of CIT vs S. Khader Khan Son (2012) 254 CTR 228 (SC), affirming the decision of Madras High Court in (2008) 300 ITR 157 (Mad.), the whole addition was made solely on the basis of statement u/s 133A and no other material was found, in that situation, it was held that the such statement has no evidentiary value, thus, under the peculiar facts in the present appeal, the cases relied upon by the assessee are not of much help as is clearly oozing out from the contents…

DCIT, Cir-2(3), Kolkata vs. M/S Yash Alloys Pvt. Ltd., Kolkata

Appeal is dismissed

ITA 689/KOL/2015[2012-2013]Status: DisposedITAT Kolkata14 Sept 2018AY 2012-2013

Bench: Hon’Ble Shri S.S. Godara, Jm & Dr. A.L. Saini, Am ] I.T.A No. 689/Kol/2015 Assessment Year : 2012-13 Dcit, Cc-2(3), Kolkata -Vs- M/S Yash Alloys Pvt. Ltd. [Pan: Aaacy 2289 A] (Appellant) (Respondent)

For Appellant: Shri G. Hangshing, CIT DRFor Respondent: Shri A.K. Tulsiyan, FCA
Section 132(4)Section 143(3)

…d on the statement recorded. In fact, it had given a mandate not to obtain confession as to the undisclosed income." 8. The Ld AR has further argued that 'similar view was expressed by the Hon'ble High Court of Madras in case of CIT vs Khader Khan Son [2008] 300 ITR 157 wherein it has referred to the said Circular dated 10-03-2003 issued by the CBDT. In its order dated the 4th July, 2007, the Hon'ble High Court quoted from the said circular which is extracted hereunder : "What is more relevant, in the. instant case, is that the attention of Commission and Tribunal was rightly invited to the circular of the Cent…

Skylark Build, Mumbai vs. Asst CIT Cen Cir 4(2), Mumbai

ITA 4370/MUM/2015[2007-08]Status: DisposedITAT Mumbai29 Aug 2018AY 2007-08

Bench: Shri Joginder Singh & Shri Rajesh Kumarassessment Year: 2007-08 M/S. Skylark Build Acit, Central Circle-4(2) 402, Sagar Avenue 4Th Floor, Aayakar Bhavan बनाम/ Plot B-54, Junction Of M.K.Road, Vs. Lallubhai Park & S.V. Road Mumbai 400020 Andheri (W), Mumbai 400058 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No. Aazfs0404K Assessment Year: 2008-09 M/S. Skylark Build Acit, Central Circle-4(2) 402, Sagar Avenue 4Th Floor, Aayakar Bhavan बनाम/ Plot B-54, Junction Of M.K.Road, Vs. Lallubhai Park & S.V. Road Mumbai 400020 Andheri (W), Mumbai 400058 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No. Aazfs0404K

…आयकर अपील"य अ"धकरण, मुंबई "यायपीठ, “एच” मुंबई। IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES “H”, MUMBAI "ी जो"ग"दर "संह, "या"यक सद"य एवं "ी राजेश कुमार, लेखा सद"य, के सम" Before Shri Joginder Singh, Judicial Member, and Shri Rajesh Kumar, Accountant Member Assessment Year: 2007-08 M/s. Skylark Build ACIT, Central Circle-4(2) 402, Sagar Avenue 4th Floor, Aayakar Bhavan बनाम/ Plot B-54, Junction of M.K.Road, Vs. Lallubhai Park & S.V. Road Mumbai 400020 Andheri (W), Mumbai 400058 ("नधा"रती /Assessee) (राज"व /Revenue) PAN. No. AAZFS0404K Assessment Year: 2008-09 M/s. Skylark Build ACIT, Central Circle-4(2) 4…

Skylark Build, Mumbai vs. Asst CIT Cen Cir 4(2), Mumbai

ITA 3237/MUM/2015[2008-09]Status: DisposedITAT Mumbai29 Aug 2018AY 2008-09

Bench: Shri Joginder Singh & Shri Rajesh Kumarassessment Year: 2007-08 M/S. Skylark Build Acit, Central Circle-4(2) 402, Sagar Avenue 4Th Floor, Aayakar Bhavan बनाम/ Plot B-54, Junction Of M.K.Road, Vs. Lallubhai Park & S.V. Road Mumbai 400020 Andheri (W), Mumbai 400058 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No. Aazfs0404K Assessment Year: 2008-09 M/S. Skylark Build Acit, Central Circle-4(2) 402, Sagar Avenue 4Th Floor, Aayakar Bhavan बनाम/ Plot B-54, Junction Of M.K.Road, Vs. Lallubhai Park & S.V. Road Mumbai 400020 Andheri (W), Mumbai 400058 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No. Aazfs0404K

…आयकर अपील"य अ"धकरण, मुंबई "यायपीठ, “एच” मुंबई। IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES “H”, MUMBAI "ी जो"ग"दर "संह, "या"यक सद"य एवं "ी राजेश कुमार, लेखा सद"य, के सम" Before Shri Joginder Singh, Judicial Member, and Shri Rajesh Kumar, Accountant Member Assessment Year: 2007-08 M/s. Skylark Build ACIT, Central Circle-4(2) 402, Sagar Avenue 4th Floor, Aayakar Bhavan बनाम/ Plot B-54, Junction of M.K.Road, Vs. Lallubhai Park & S.V. Road Mumbai 400020 Andheri (W), Mumbai 400058 ("नधा"रती /Assessee) (राज"व /Revenue) PAN. No. AAZFS0404K Assessment Year: 2008-09 M/s. Skylark Build ACIT, Central Circle-4(2) 4…

DCIT Cen Cir 4(2), Mumbai vs. Sudhakar M. Shetty, Mumbai

ITA 2906/MUM/2015[2011-12]Status: DisposedITAT Mumbai29 Aug 2018AY 2011-12

Bench: Shri Joginder Singh & Shri Rajesh Kumarassessment Year: 2007-08 M/S. Skylark Build Acit, Central Circle-4(2) 402, Sagar Avenue 4Th Floor, Aayakar Bhavan बनाम/ Plot B-54, Junction Of M.K.Road, Vs. Lallubhai Park & S.V. Road Mumbai 400020 Andheri (W), Mumbai 400058 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No. Aazfs0404K Assessment Year: 2008-09 M/S. Skylark Build Acit, Central Circle-4(2) 402, Sagar Avenue 4Th Floor, Aayakar Bhavan बनाम/ Plot B-54, Junction Of M.K.Road, Vs. Lallubhai Park & S.V. Road Mumbai 400020 Andheri (W), Mumbai 400058 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No. Aazfs0404K

…आयकर अपील"य अ"धकरण, मुंबई "यायपीठ, “एच” मुंबई। IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES “H”, MUMBAI "ी जो"ग"दर "संह, "या"यक सद"य एवं "ी राजेश कुमार, लेखा सद"य, के सम" Before Shri Joginder Singh, Judicial Member, and Shri Rajesh Kumar, Accountant Member Assessment Year: 2007-08 M/s. Skylark Build ACIT, Central Circle-4(2) 402, Sagar Avenue 4th Floor, Aayakar Bhavan बनाम/ Plot B-54, Junction of M.K.Road, Vs. Lallubhai Park & S.V. Road Mumbai 400020 Andheri (W), Mumbai 400058 ("नधा"रती /Assessee) (राज"व /Revenue) PAN. No. AAZFS0404K Assessment Year: 2008-09 M/s. Skylark Build ACIT, Central Circle-4(2) 4…

DCIT, New Delhi vs. M/S. Vatika Ltd., New Delhi

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

ITA 2978/DEL/2012[2008-09]Status: DisposedITAT Delhi20 Jul 2018AY 2008-09

Bench: Shri N.K. Billaiya & Shri Kuldip Singh[A.Y 2008-09]] M/S Vatika Limited Vs. The D.C.I.T 621, Devika Tower Central Circle - 20 6, Nehru Place, New Delhi New Delhi Pan : Aabcv 5647 G [A.Y 2008-09] The D.C.I.T. Vs. M/S Vatika Limitd Central Circle - 20 621, Devika Tower New Delhi 6, Nehru Place, New Delhi Pan : Aabcv 5647 G [Appellant] [Respondent]

For Appellant: Shri C.S. Aggarwal, Sr. AdvFor Respondent: Shri Vijay Varma, CIT-DR
Section 139(1)Section 139(5)Section 142Section 142(1)

…is also true that the offer of Rs. 31 crores was on adhoc basis and in any case, offer made at the time of survey proceedings in a statement does not have any legal binding on the assessee as held by the Hon'ble Madras High Court in the case of S. Kadar Khan 300 ITR 157 which was subsequently affirmed by the Hon'ble Supreme Court. We, accordingly, direct the Assessing Officer to consider the surrendered amount of Rs. 28.30 crores only. 14. Having said all that, let us now see what the Assessing Officer has done while framing the assessment order u/s 143(3) of the Act. Income as shown Rs. 90,51,78,215 Addition…

Vatika Ltd., New Delhi vs. DCIT, New Delhi

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

ITA 2183/DEL/2012[2008-09]Status: DisposedITAT Delhi20 Jul 2018AY 2008-09

Bench: Shri N.K. Billaiya & Shri Kuldip Singh[A.Y 2008-09]] M/S Vatika Limited Vs. The D.C.I.T 621, Devika Tower Central Circle - 20 6, Nehru Place, New Delhi New Delhi Pan : Aabcv 5647 G [A.Y 2008-09] The D.C.I.T. Vs. M/S Vatika Limitd Central Circle - 20 621, Devika Tower New Delhi 6, Nehru Place, New Delhi Pan : Aabcv 5647 G [Appellant] [Respondent]

For Appellant: Shri C.S. Aggarwal, Sr. AdvFor Respondent: Shri Vijay Varma, CIT-DR
Section 139(1)Section 139(5)Section 142Section 142(1)

…is also true that the offer of Rs. 31 crores was on adhoc basis and in any case, offer made at the time of survey proceedings in a statement does not have any legal binding on the assessee as held by the Hon'ble Madras High Court in the case of S. Kadar Khan 300 ITR 157 which was subsequently affirmed by the Hon'ble Supreme Court. We, accordingly, direct the Assessing Officer to consider the surrendered amount of Rs. 28.30 crores only. 14. Having said all that, let us now see what the Assessing Officer has done while framing the assessment order u/s 143(3) of the Act. Income as shown Rs. 90,51,78,215 Addition…

Idhasoft Ltd., Mumbai vs. DCIT - 15(2)(1), Mumbai

ITA 5139/MUM/2016[2007-08]Status: DisposedITAT Mumbai13 Jul 2018AY 2007-08

Bench: Shri Joginder Singh & Shri N.K. Pradhanassessment Year: 2007-08 M/S Idhasoft Ltd. Dcit-15(2)(1), 3, Narayan Building, Room No.357, 3Rd Floor बनाम/ 23 L. N. Road, Dadar East, Aayakar Bhavan, Vs. Mumbai-400014 M. K. Road, Mumbai-400020 ("नधा"रती /Assessee) (राज"व /Revenue) P.A. No. Aabci6090G Assessment Year: 2007-08 Dcit-15(2)(1), M/S Idhasoft Ltd. Room No.357, 3Rd Floor 3, Narayan Building, बनाम/ Aayakar Bhavan, 23 L. N. Road, Dadar East, Vs. M. K. Road, Mumbai-400014 Mumbai-400020 (राज"व /Revenue) ("नधा"रती /Assessee) P.A. No. Aabci6090G

Section 142(1)Section 143(3)Section 147Section 148Section 68

…nd the addition was merely on the basis of statement only then reopening of assessment u/s 147 of the Act was not permissible. Likewise, in the case of CIT vs S. Khader Khan Son (2012) 254 CTR 228 (SC), affirming the decision of Madras High Court in (2008) 300 ITR 157 (Mad.), the whole addition was made solely on the basis of statement u/s 133A and no other material was found, in that situation, it was held that the such statement has no evidentiary value. 36 5139 & 5338/Mum/2016 Idhasoft Ltd. 2.31. In the case of Aradhna Estate Pvt. Ltd. vs DCIT (2018) 91 taxmann.com 119 (Gujarat), the Hon'ble High Court…

ITO, WD-37(1), Kolkata vs. M/S Eastern Transport Services, Kolkata

In the result, the appeal of the revenue is dismissed

ITA 733/KOL/2015[2010-2011]Status: DisposedITAT Kolkata04 Jul 2018AY 2010-2011

Bench: Hon’Ble Shri S.S.Godara, Jm & Hon’Ble Shri M.Balaganesh, Am ] I.T.A No. 733/Kol/2015 Assessment Year : 2010-11 Ito, Ward-37(1), Kolkata -Vs- M/S Eastern Transport Services [Pan: Aacfe 3622 J] (Appellant) (Respondent)

For Appellant: Shri S. Dasgupta, Addl. CIT (DR)For Respondent: Shri H.N. Dubey, Advocate
Section 131Section 133ASection 142(1)Section 143(3)

…the statement becomes presumptive. It is also seen that Sri Ajay Kumar Jain is not an employee or even a Partner of the Firm. His status is that of a friend who chips in when the Partners are away from business. In the case of CIT v. S. Khadar Khan Son (2008) 300 ITR 157 (Mad) it was held that the statement obtained U/s.133A of the Act would not automatically bind the assessee/or it does not have any evidentiary value. This decision of the High Court has since been confirmed by the Supreme Court in this case of CIT v. S. Khader Khan son (2012) 254 CTR 228(SC.). Thus even if the statement recorded during the cours…

Arihant Developers, Mumbai vs. Asst CIT Cir 1, Kalyan

In the result, the appeal filed by the assessee is partly allowed

ITA 1569/MUM/2016[2005-06]Status: DisposedITAT Mumbai04 Jul 2018AY 2005-06

Bench: S/Shri B.R.Baskaran (Am) & Amarjit Singh (Jm)

Section 133A

…ing the course of survey does not have evidentiary value as held by Hon’ble Supreme Court in the case of CIT vs. S Khader Khan Sons (2013)(352 ITR 480) affirming the decision rendered by Hon’ble Madras High Court in the case of CIT vs. Khader khan Sons (2008)(300 ITR 157). He submitted that the assessee has implied retracted from the statement by not disclosing the additional income in the original return of income. Subsequently, assessee filed a detailed explanation on 24.12.2007 explaining as to why the additional income was not offered as deposed in the statement taken during the course of survey. The Ld A.R a…

M/S Bronze Logistics Pvt. Ltd., Ludhiana vs. DCIT, Ludhiana

The appeal of the assessee is allowed

ITA 611/CHANDI/2011[2006-07]Status: DisposedITAT Chandigarh29 Jun 2018AY 2006-07

Bench: Ms. Diva Singh & Ms. Annapurna Guptaassessment Year: 2006-07 M/S Bronze Logistics P.Ltd., Vs. The Dcit, 863 Industrial Area-A, Circle Vii, Ludhiana. Ludhiana. Pan No. : Aabcb9505H

For Appellant: Shri Ashwani Kumar, CAFor Respondent: Dr. Gulshan Raj, CIT(DR)
Section 142Section 250(6)

…issions and conclusions have been addressed by the coordinate Bench in para 3 to 3.6 from pages 3 to 9 of the said order,. A perusal of the said decision shows that considering and relying upon the decision of the Apex Court in the case of CIT Vs. Kadhar Khan 300 ITR 157 (Mad.) (HC) confirmed by the Supreme Court (2010) taxman 248 the coordinate Bench concluded that the statements recorded during the survey proceedings u/s 133A of the Act have no evidentiary value since the opportunity to cross examine the parties could not be made available. The departmental claim that notices sent to the parties returned with t…

ACIT, Cir-40, Kolkata vs. M/S International Book Trust, Kolkata

In the result, the appeal of the revenue is dismissed

ITA 271/KOL/2017[2011-2012]Status: DisposedITAT Kolkata20 Jun 2018AY 2011-2012

Bench: Hon’Ble Shri S.S. Godara, Jm & Shri M.Balaganesh, Am ] I.T.A No. 271/Kol/2017 Assessment Year : 2011-12 Acit, Circle-40, Kolkata -Vs- M/S International Book Trust [Pan: Aabfi 3840 H ] (Appellant) (Respondent)

For Appellant: Shri A.K. Bandyopadhyay, Addl. CIT,Sr.DRFor Respondent: Shri Soumitra Chowdhury, Advocate
Section 133ASection 143(3)

…IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH : KOLKATA [Before Hon’ble Shri S.S. Godara, JM & Shri M.Balaganesh, AM ] I.T.A No. 271/Kol/2017 Assessment Year : 2011-12 ACIT, Circle-40, Kolkata -vs- M/s International Book Trust [PAN: AABFI 3840 H ] (Appellant) (Respondent) For the Appellant : Shri A.K. Bandyopadhyay, Addl. CIT,Sr.DR For the Respondent : Shri Soumitra Chowdhury, Advocate Date of Hearing : 13.06.2018 Date of Pronouncement : 20.06.2018 ORDER Per M.Balaganesh, AM 1. This appeal by the Revenue arises out of the order of the Learned Commissioner of Income Tax(Appeals)-12, Kolkata [in short…

ITO 19(2)(3), Mumbai vs. Meenakshi N Shah, Mumbai

ITA 7082/MUM/2016[2007-08]Status: DisposedITAT Mumbai20 Jun 2018AY 2007-08

Bench: Shri Joginder Singh & Shri G. Manjunathaassessment Year: 2007-08 Dcit 5(2)(2) Meridian Chem Bond Mumbai Purchase Ltd., बनाम/ 903 Raheja Centre, Free Vs. Press Journal Marg, Nariman Point, Mumbai 400 021 (राज"व /Revenue) ("नधा"रती /Assessee) Pan. Aaacr1789G

Section 68

…Act was not permissible. Likewise, in the case of CIT vs S. Khader Khan Son (2012) 254 CTR 228 (SC), affirming the decision of Madras 65 Meridian Chem Bond P Ltd. & Meenakshi N Shah ITA No.7385 & 7082/Mum/2016 & C.O. No.86 & 85/Mum/2018 High Court in (2008) 300 ITR 157 (Mad.), the whole addition was made solely on the basis of statement u/s 133A and no other material was found, in that situation, it was held that the such statement has no evidentiary value. 7.29. It is noted that Hon'ble jurisdictional High Court in the case of Yuvraj vs UOI (2009) 315 ITR 84 (Bom.) held as under:- “that from the perusal of…

ACIT, Cir-27(1), Kolkata, Purba Medinipur vs. Vivekananda Bera Sankarara, Kolkata

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

ITA 2357/KOL/2016[2009-10]Status: DisposedITAT Kolkata15 Jun 2018AY 2009-10

Bench: : Shri J. Sudhakar Reddy & Shri S.S.Viswanethra Ravia.Y 2009-10

For Appellant: None appearedFor Respondent: Shri Sallong Yaden, Addl.CIT, ld.Sr.DR
Section 131Section 143(2)Section 69

…) K. Mohon Vs. DCIT (1995) 215ITR 275, 285 Ajit Chintaman Karve Vs. ITO (2009) 311 ITR (At) 66(Pune) CIT Vs. Dhingra Metal Works (2010) 328 ITR 384(Del) CIT Vs. Khader Khan Son (2012) 25 taxmann. Com 413(SC)/ 210 taxman 248(SC) CIT Vs. Khadar Kahn Son (2008) 300 ITR 157 7. The assessee further submitted that due to family situation and out of natural love and affection all the married sisters gifted their jewelleries (including marriage) to the assessee as per following details :- 3 Sl. Name of the sisters of the Quantity of gold Value of Gold No. assessee ornaments gifted ornaments to assessee gifted (Rs.) 1.…