What is CIT v. SKS Ispat & Power Ltd. authority for?

Additions in search assessments under Section 153A of the Income Tax Act are limited to incriminating material discovered during the search, and cannot be based on other evidence or post-search enquiries.

How many judgments cite CIT v. SKS Ispat & Power Ltd.?

149 judgments on BharatTax cite CIT v. SKS Ispat & Power Ltd. (398 ITR 584), spanning 2019 to 2025.

Which sections of the Income Tax Act does CIT v. SKS Ispat & Power Ltd. come up under?

It is most often cited in judgments turning on Section 115BBE, Section 143(3), Section 153A, Section 234B, Section 234C, Section 234A.

CIT v. SKS Ispat & Power Ltd. (398 ITR 584)

D, Decor Exporter, Mumbai vs. Dy CIT-CC-6(4), Mumbai

In the result, appeal filed by the revenue is dismissed

ITA 1051/MUM/2021[2014-15]Status: DisposedITAT Mumbai22 Apr 2022AY 2014-15

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

For Appellant: Shri Jitendra JainFor Respondent: Shri Sanjeev Kashyap

Section 127(2)Section 143(1)Section 143(2)Section 153A

…de in absence of any incriminating material. In support of this proposition, reliance is placed on following judgments: > Continental Warehousing Corporation (Nhava Sheva) Ltd [374 ITR 645 Bom] > Deepak Kumar Agarwal [398 ITR 586 Bom] > SKS Ispat & Power Ltd [398 ITR 584 Bom] > Gurinder Singh Bawa [386 ITR 483 Bom] 1.3 The learned CIT(DR) referred page 123 of the paper book and stated that some blank bills were found during the course of search action which constitute incriminating material to justify the additions/disallowance. Copies of these bills have been produced before Your Honour during the course of hear…

D, Decor Exporter P. Ltd, Mumbai vs. Dy CIT-CC-6(4), Mumbai

In the result, appeal filed by the revenue is dismissed

ITA 1050/MUM/2021[2014-15]Status: DisposedITAT Mumbai22 Apr 2022AY 2014-15

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

For Appellant: Shri Jitendra JainFor Respondent: Shri Sanjeev Kashyap

Section 127(2)Section 143(1)Section 143(2)Section 153A

…de in absence of any incriminating material. In support of this proposition, reliance is placed on following judgments: > Continental Warehousing Corporation (Nhava Sheva) Ltd [374 ITR 645 Bom] > Deepak Kumar Agarwal [398 ITR 586 Bom] > SKS Ispat & Power Ltd [398 ITR 584 Bom] > Gurinder Singh Bawa [386 ITR 483 Bom] 1.3 The learned CIT(DR) referred page 123 of the paper book and stated that some blank bills were found during the course of search action which constitute incriminating material to justify the additions/disallowance. Copies of these bills have been produced before Your Honour during the course of hear…

Siddheshwar Industries Pvt. Ltd., Pune vs. Deputy Commissioner of Income-Tax

In the result, the appeal filed by the assessee stands dismissed

ITA 760/PUN/2016[2008-09]Status: DisposedITAT Pune20 Apr 2022AY 2008-09

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / Ita No.760/Pun/2016 िनधा"रण वष" / Assessment Year: 2008-09 Siddheshwar Industries Pvt. Vs. Dcit, Central Circle- Ltd., 2(2), Pune. Plot No.A-50, H- Block, Midc, Pimpri, Pune- 411018. Pan : Aagcs4976E Appellant Respondent Assessee By : Shri Hari Krishan Revenue By : Shri Piyushkumar Singh Yadav Date Of Hearing 09.03.2022 : Date Of Pronouncement : 20.04.2022 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals)- 12, Pune [‘Cit(A)’ For Short] Dated 23.10.2015 For The Assessment Year 2008-09. 2. The Appellant Raised The Following Grounds Of Appeal :- “1. In The Facts & Circumstances Of The Case & In Law, The Learned C.I.T. [A] 12 Has Erred By Wrongly Enhance The Amount Of Rs.2,95,00,000/- By Disallowing The Claim Of Deduction U/S 43B In Revised Return Of Income Filed U/S 153A Of The I T Act. The Aforesaid Addition Being Arbitrary, Perverse, Based On Surmises & Conjecture

For Appellant: Shri Hari KrishanFor Respondent: Shri Piyushkumar Singh Yadav

Section 132Section 132(4)Section 143(3)Section 153ASection 234Section 43B

…of the Act. Reference in this regard can be made to the following judgements :- (i) CIT vs. Continental Warehousing Corporation (Nhava Sheva) Ltd., 374 ITR 645 (Bom.-HC). (ii) CIT vs. Kabul Chawla, 380 ITR 573 (Delhi-HC). (iii) CIT vs. SKS Ispat & Power Ltd., 398 ITR 584 (Bom.-HC). (iv) CIT vs. Deepak Kumar Agarwal, 398 ITR 586 (Bom.-HC). 12. As a corollary, it follow that no fresh claim unrelated to the undisclosed income can be made in the return of income filed in response to notice u/s 153A of the Act. Even the Hon’ble Jurisdictional High Court in the case of CIT vs. Gurinder Singh Bawa, 386 ITR 483 has laid…

Shiiv Veg Pro Private Limited, Kota vs. Central Processing Center, Bangalore

In the result, the appeal of the assessee is allowed

ITA 57/JPR/2022[2019-20]Status: DisposedITAT Jaipur12 Apr 2022AY 2019-20

For Appellant: Shri Devang Gargieya, AdvocateFor Respondent: Smt. Runi Paul, Addl. CIT

Section 139(1)Section 143(1)Section 36(1)(va)Section 43B

…h Court in Hindustan Organic Ltd. vs CIT 366 ITR 001 we also allow assessee's claim of deduction. The addition made is deleted. Ground No. 3 is allowed" 6 M/s. Shiv Veg Pro Pvt. Ltd. vs CPC, Bengaluru/ ACIT, Circle-1, Kota 2.3 In CIT vs. Manglam Arts (2017) 398 ITR 594 (Raj HC) it was held that "Mr. Mathur has also contended that regarding second issue with regard to ESI and PF, however, the same is covered by the decision of this Court in the case of CIT vs. State Bank of Bikaner & Jaipur D.B. IT Appeal No. 177 of 2011 decided on 6th Jan., 2014, wherein it has been held as under "Thus, we are of the view that…

Dr. Archana Shukla, 26, Dayal Nagar, Gopalpura Bypass, Tonk Road, Jaipur vs. ACIT, Central Circle-4, Jaipur

In the result, the above mentioned appeals of the assessee are allowed

ITA 203/JPR/2021[2016-17]Status: DisposedITAT Jaipur06 Apr 2022AY 2016-17

For Appellant: Shri P.C. Parwal, CAFor Respondent: Shri Sanjay Dhariwal, CIT

Section 132(4)

…ed and/or if cross-examination is not provided, the statement has to be discarded. The onus of ensuring the presence of the deponent cannot be shifted to the assessees. The onus is on the Revenue to ensure his presence. CIT VS. SKS Ispat and Power Ltd. [2017] 398 ITR 584 (Bom.) (HC) In this case the learned counsel for the Department contended that the Tribunal was not justified in deleting the addition made on the basis of unaccounted sundry creditors (purchases) and unexplained share of the money, thereby limiting the scope of assessment under section 153A of the Act only on the basis of incriminating material…

Dr. Archana Shukla, 26, Dayal Nagar, Gopalpura Bypass, Tonk Road, Jaipur vs. ACIT, Central Circle-4, Jaipur

In the result, the above mentioned appeals of the assessee are allowed

ITA 202/JPR/2021[2015-16]Status: DisposedITAT Jaipur06 Apr 2022AY 2015-16

For Appellant: Shri P.C. Parwal, CAFor Respondent: Shri Sanjay Dhariwal, CIT

Section 132(4)

…ed and/or if cross-examination is not provided, the statement has to be discarded. The onus of ensuring the presence of the deponent cannot be shifted to the assessees. The onus is on the Revenue to ensure his presence. CIT VS. SKS Ispat and Power Ltd. [2017] 398 ITR 584 (Bom.) (HC) In this case the learned counsel for the Department contended that the Tribunal was not justified in deleting the addition made on the basis of unaccounted sundry creditors (purchases) and unexplained share of the money, thereby limiting the scope of assessment under section 153A of the Act only on the basis of incriminating material…

Dr. Archana Shukla, 26, Dayal Nagar, Gopalpura Bypass, Tonk Road, Jaipur vs. ACIT, Central Circle-4, Jaipur

In the result, the above mentioned appeals of the assessee are allowed

ITA 201/JPR/2021[2014-15]Status: DisposedITAT Jaipur06 Apr 2022AY 2014-15

For Appellant: Shri P.C. Parwal, CAFor Respondent: Shri Sanjay Dhariwal, CIT

Section 132(4)

…ed and/or if cross-examination is not provided, the statement has to be discarded. The onus of ensuring the presence of the deponent cannot be shifted to the assessees. The onus is on the Revenue to ensure his presence. CIT VS. SKS Ispat and Power Ltd. [2017] 398 ITR 584 (Bom.) (HC) In this case the learned counsel for the Department contended that the Tribunal was not justified in deleting the addition made on the basis of unaccounted sundry creditors (purchases) and unexplained share of the money, thereby limiting the scope of assessment under section 153A of the Act only on the basis of incriminating material…

Dr. Archana Shukla, 26, Dayal Nagar, Gopalpura Bypass, Tonk Road, Jaipur vs. ACIT, Central Circle-4, Jaipur

In the result, the above mentioned appeals of the assessee are allowed

ITA 200/JPR/2021[2013-14]Status: DisposedITAT Jaipur06 Apr 2022AY 2013-14

For Appellant: Shri P.C. Parwal, CAFor Respondent: Shri Sanjay Dhariwal, CIT

Section 132(4)

…ed and/or if cross-examination is not provided, the statement has to be discarded. The onus of ensuring the presence of the deponent cannot be shifted to the assessees. The onus is on the Revenue to ensure his presence. CIT VS. SKS Ispat and Power Ltd. [2017] 398 ITR 584 (Bom.) (HC) In this case the learned counsel for the Department contended that the Tribunal was not justified in deleting the addition made on the basis of unaccounted sundry creditors (purchases) and unexplained share of the money, thereby limiting the scope of assessment under section 153A of the Act only on the basis of incriminating material…

Dr. Archana Shukla, 26, Dayal Nagar, Gopalpura Bypass, Tonk Road, Jaipur vs. ACIT, Central Circle-4, Jaipur

In the result, the above mentioned appeals of the assessee are allowed

ITA 199/JPR/2021[2012-13]Status: DisposedITAT Jaipur06 Apr 2022AY 2012-13

For Appellant: Shri P.C. Parwal, CAFor Respondent: Shri Sanjay Dhariwal, CIT

Section 132(4)

…ed and/or if cross-examination is not provided, the statement has to be discarded. The onus of ensuring the presence of the deponent cannot be shifted to the assessees. The onus is on the Revenue to ensure his presence. CIT VS. SKS Ispat and Power Ltd. [2017] 398 ITR 584 (Bom.) (HC) In this case the learned counsel for the Department contended that the Tribunal was not justified in deleting the addition made on the basis of unaccounted sundry creditors (purchases) and unexplained share of the money, thereby limiting the scope of assessment under section 153A of the Act only on the basis of incriminating material…

Dr. Archana Shukla, 26, Dayal Nagar, Gopalpura Bypass, Tonk Road, Jaipur vs. ACIT, Central Circle-4, Jaipur

In the result, the above mentioned appeals of the assessee are allowed

ITA 198/JPR/2021[2011-12]Status: DisposedITAT Jaipur06 Apr 2022AY 2011-12

For Appellant: Shri P.C. Parwal, CAFor Respondent: Shri Sanjay Dhariwal, CIT

Section 132(4)

…ed and/or if cross-examination is not provided, the statement has to be discarded. The onus of ensuring the presence of the deponent cannot be shifted to the assessees. The onus is on the Revenue to ensure his presence. CIT VS. SKS Ispat and Power Ltd. [2017] 398 ITR 584 (Bom.) (HC) In this case the learned counsel for the Department contended that the Tribunal was not justified in deleting the addition made on the basis of unaccounted sundry creditors (purchases) and unexplained share of the money, thereby limiting the scope of assessment under section 153A of the Act only on the basis of incriminating material…

Arihant Universal Realty Private Limited, Mumbai vs. Deputy Commissioner of Income Tax, Central Circle-01, Thane, Mumbai

In the result, the appeal of the assessee is allowed

ITA 4342/MUM/2017[2009-10]Status: DisposedITAT Mumbai05 Apr 2022AY 2009-10

Section 132Section 143(1)Section 143(2)Section 143(3)Section 153ASection 40

…45 (Bom) which had been decided in favour of the assessee and accordingly would bind this tribunal. We also find yet another recent decision of the Hon’ble Jurisdictional High Court on the impugned issue in the case of CIT vs SKS Ispat & Power Ltd reported in 398 ITR 584 (Bom) which is also decided in favour of the assessee. 6.9. Moreover, we find that in the case of group concerns of the assessee wherein search assessments were framed by the ld. AO emanating out of the same search action on 18.10.2010, this tribunal had decided the very same issue in dispute before us on the technical ground in favour of the as…

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

…osed income was determinable from the material found as a result of search. Once there is no incriminating material in support of the addition is brought on record by the revenue, then no addition u/s 68 could be made. CIT VS. SKS Ispat and Power Ltd. [2017] 398 ITR 584 (Bom.) (HC) The scope of assessment u/s 153A of the Act is limited to the incriminating evidence found during the search and no further CIT VS. Gurinder Singh Bawa [2016] 386 ITR 483 (Bom.) (HC) Once anassessment was not pending but had attained finality for a particular year, it could not be subject to the proceedings u/s 153A of the Act if no…

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

…osed income was determinable from the material found as a result of search. Once there is no incriminating material in support of the addition is brought on record by the revenue, then no addition u/s 68 could be made. CIT VS. SKS Ispat and Power Ltd. [2017] 398 ITR 584 (Bom.) (HC) The scope of assessment u/s 153A of the Act is limited to the incriminating evidence found during the search and no further CIT VS. Gurinder Singh Bawa [2016] 386 ITR 483 (Bom.) (HC) Once anassessment was not pending but had attained finality for a particular year, it could not be subject to the proceedings u/s 153A of the Act if no…