CIT v. Smt. P. K. Noorjahan

237 ITR 570Supreme Court of India1999#251 most cited

What is CIT v. Smt. P. K. Noorjahan authority for?

An unsatisfactory explanation for an amount credited in the books does not automatically result in it being deemed as the assessee's income under Section 68. The initial onus is on the assessee to prove the identity, creditworthiness, and genuineness of the transaction.

308

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2015 to 2026.

Also referred to as

Smt P K Noorjahan · CIT v Smt P K Noorjahan · 237 ITR 570 · Section 68 · Section 69 · cash credit · unexplained money · burden of proof · onus of proof · unsatisfactory explanation · deemed income · identity creditworthiness genuineness

Also reported as

103 Taxmann 382150 Taxmann.com 301155 CTR 509

Issues it is cited on

Judgments citing CIT v. Smt. P. K. Noorjahan

Deputy Commissioner of Incometax, Central Circle-2, Madurai, Meenambalpuram Madurai vs. Palraj Jeyakumar, Madurai

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

ITA 1651/CHNY/2024[2011-2012]Status: DisposedITAT Chennai12 Mar 2025AY 2011-2012

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No. 1651/Chny/2024 िनधा"रण वष"/Assessment Year: 2011-12 The Deputy Commissioner Of Vs. Palraj Jeyakumar, Income Tax, Circle -2, 79, Sanjeevi Street, Meenakshi Nagar, Madurai. Avaniapuram, Madurai 625 012. [Pan:Adppj7550C] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Dr. M.D. Vijay Kumar, Jcit ""थ" की ओर से/Respondent By : Shri R. Venkata Raman, C.A. सुनवाई की तारीख/ Date Of Hearing : 06.03.2025 घोषणा की तारीख /Date Of Pronouncement : 12.03.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Revenue Is Directed Against The Order Dated 08.04.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), Chennai – 19, Chennai For The Assessment Year 2011-12. 2. The Appellant-Revenue Raised Ground No. 1 To 2.3, Amongst Which, The Only Issue Emanates For Our Consideration As To Whether The Ld. Cit(A) Is Justified In Deleting The Addition Made By The Assessing Officer Under Section 69A Of The Income Tax Act, 1961 [“Act” In Short].

For Appellant: Dr. M.D. Vijay Kumar, JCITFor Respondent: Shri R. Venkata Raman, C.A
Section 142(1)Section 143(3)Section 148Section 69A

…ection 60A is not applicable to the facts of the case as the assessee is not the owner of the money being the entire cash deposits in the bank account and in the light of the decision of the Honorable Supreme Court decision in the case of Smt. P K. Noorjahan (237 ITR 570) and should have assessed only the profit and not the turnover." 6.8.14 The undersigned has carefully examined the issue under consideration. The Appellant in the original Return of Income filed has claimed only salary income and income from other sources being the interest income upon fixed deposits. The ADI (Inv.) had an information about the c…

Dy. CIT, Corporate Circle-1, Coimbatore vs. M/S Rkr Gold Pvt Ltd., Coimbatore

In the result, appeal filed by the Revenue is dismissed

ITA 10/CHNY/2023[2017-18]Status: DisposedITAT Chennai24 Feb 2025AY 2017-18

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकर अपील सं./Ita No.: 10/Chny/2023 िनधा"रण वष" / Assessment Year: 2017-18 M/S. Rkr Gold Pvt Ltd., Deputy Commissioner Of V. No. 169, T.V. Samy Road West, Income Tax, R.S. Puram, Coimbatore South, Corporate Circle-1, Aayakar Coimbatore – 641 002. Bhavan, [Pan: Aadcr-4414-M] 63, Race Course Road, Coimbatore – 641 018. (अपीलाथ"/Appellant) (""यथ"/Respondent) : Shri.R.Clement Ramesh, Cit अपीलाथ" क" ओर से/Appellant By ""यथ" क" ओर से/Respondent By : Shri.N.Arjun Raj, Advocate & Shri Girish Kumar, Advocate सुनवाई क" तारीख/Date Of Hearing : 19.02.2025 घोषणा क" तारीख/Date Of Pronouncement : 24.02.2025 आदेश /O R D E R

For Respondent: Shri.N.Arjun Raj, Advocate &
Section 142(1)Section 143(2)Section 69A

…addition made is preposterously liable to be set aside. In support of the claim, the assessee relied on the following judgments: - Smt. Charu Aggarwal Vs.DCIT (2022) 140 taxmann.com 588 (Chandigarh Trib) - CIT Vs.Smt. P K Noorjhan 103 Taxmann 382 (SC) (1999) 237 ITR 570 (SC) - ACIT Vs. Hirapanna Jewellers - ITA No.253/Viz/2020, ITAT Vishakapatnam – 189 ITD 608 (2021) - B.Krishan Kumar Vs.ITO [2019] 107 taxmann.com 464 (SC) and pleaded to delete the addition made by the AO. :-8-: ITA. No: 10/Chny/2023 5.1 The ld.CIT(A), after considering the submissions made and case laws relied upon by the assessee, held that…

Surendra Kumar Mishra, Allahabad vs. ACIT, Cir-2, Allahabad

In the result, the appeal of the assessee is dismissed

ITA 140/ALLD/2023[2002-03]Status: DisposedITAT Allahabad10 Feb 2025AY 2002-03

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2002-03 Surendra Kumar Mishra, Vs. Assistant Commissioner Of 794A/1, Sohabatiyabagh, Income Tax, Circle-2, Allahabad Allahabad-211006, U.P. Pan:Aibpm4858R (Appellant) (Respondent) Assessee By: Sh. Ashish Bansal, Advocate Revenue By: Sh. A.K. Singh, Sr. Dr Date Of Hearing: 14.11.2024 Date Of Pronouncement: 10.02.2025 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), Under Section 250 R.W.S. 254 Of The Income Tax Act, 1961 On 26.10.2023. The Grounds Of Appeal Preferred By The Assessee Are As Under:- “1. Because The Cit(A) Has Erred In Law As Well As On Facts In Dismissing The 'Additional Ground' Relating To Non-Issuance Of Notice Under Section 143(2) Of The Act, Raised Before The Appellate Authority During The Course Of First Round Of Litigation, Which Has Been Remanded Back By The Hon'Ble Itat In Terms Of Order Dated 09.11.2012, By Observing That The Return Filed By The Appellant In Terms Of Letter Dated 10.11.2008 As Not A Valid Return In Compliance To Notice Dated 11.02.2008 Issued Under Section 148 Of The Act, As The Said Letter Was Filed By The Appellant After The Time Limit Of 30 Days Provided To Do So In Terms Of Notice Dated 11.02.208 Issued Under Section 148 Of The Act. 2. Because The Cit(A) Has Erred In Law As Well As On Facts In Observing That The Appellant Could Not Have Demand For Issuance Of Notice Under Section 143(2) Of The 1 Surendra Kumar Mishra

For Appellant: Sh. Ashish Bansal, AdvocateFor Respondent: Sh. A.K. Singh, Sr. DR
Section 142(1)Section 143(2)Section 148Section 250Section 69C

…lleged investment in making payment of 'free hold changes' in the assessment order dated 26.12.2008, as the addition itself is erroneous keeping with the principle laid down by the Hon'ble apex court in the case of CIT Vs Smt. PK. Noorjahan reported in (1999) 237 ITR 570, after the observations made by the Id. Assessing Officer himself to the effect that the appellant did not have any source of income (other than salary income). 11. BECAUSE without prejudice to the contentions raised in grounds No. 8 & 10 above, payment of 'free hold charges' should have been considered as 'cost of improvement of the 'Capital ass…