CIT v. Simit P. Sheth

356 ITR 451High Court2013#25 most cited

What is CIT v. Simit P. Sheth authority for?

When purchases are unproved or presumed to be from the grey market, the entire amount of such purchases should not be disallowed; instead, income can be estimated by applying a reasonable gross profit rate to the unaccounted sales or turnover, especially in assessments arising from search proceedings involving seized documents.

1,462

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2026.

Also referred to as

CIT v. Simit P. Sheth · Simit P. Sheth · Section 132 · Section 147 · Section 69C · gross profit rate · income estimation · unaccounted purchases · disallowance · search and seizure assessment · undisclosed income

Issues it is cited on

Judgments citing CIT v. Simit P. Sheth

INCOME TAX OFFICER 41(1)(1), MUMBAI vs. ANIL TRANSPORT SERVICE, MUMBAI

In the result, the appeal of the revenue bearing ITA No

ITA 5435/MUM/2025[2009]Status: DisposedITAT Mumbai07 Apr 2026

Bench: Shri Anikesh Banerjee & Ito 41(1)(1), Mumbai Vs Anil Transport Service Room No.830, Kautilya B-102, Harshad Apartment, E.E. Bhavan, Bkc, Bandra East Highway Behind Everad Nagar Sion Mumbai-400051 East, Mumbai-400022 Pan: Aalfa8944J Appellant Respondent Co No.90/Mum/2026 (Assessment Year: 2009-10) Anil Transport Service Vs Ito 41(1)(1) B-102, Harshad Apartment, Room No.830, Kautilya Bhavan, E.E. Highway Behind Everad Bkc, Bandra East Mumbai-400051 Nagar Sion East, Mumbai- 400022 Pan: Aalfa8944J Appellant Respondent Assessee By : Shri C.V.Dharkar Revenue By : Shri Surendra Mohan (Sr. Dr) Date Of Hearing : 01/04/2026 Date Of Pronouncement : 07/04/2026

For Appellant: Shri C.V.DharkarFor Respondent: Shri Surendra Mohan (Sr. DR)
Section 131Section 143(3)Section 250

…hases from the eight parties could not be added as bogus, but what needed to be taxed is the profit element embedded in such transaction. Following Gujarat High Court decision in the case of CIT v. Simit P. Sheth [2013] 38 taxmann.com 385/219 Taxman 85 (Mag.)/356 ITR 451 (Guj.), CIT(A) vide its appellate order dated 18th August, 2014 took the view that the estimation of 17.5% of profit would meet the ends of justice. Accordingly, direction was issued to the Assessing Officer. 8. In appeal before the Tribunal by the Revenue, Tribunal held that there was no reason to intervene in the finding of the CIT(A) which was…

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