Dayal Singh & Sons. v. CIT

335 ITR 90High Court2011#24555 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 348,254 Indian tax judgments — from 2017 to 2020.

Judgments citing Dayal Singh & Sons. v. CIT

M/S. Etisha Finance & Investment Pvt. Ltd., New Delhi vs. ACIT, New Delhi

In the result, the appeal of the assessee is dismissed

ITA 1457/DEL/2017[2009-10]Status: DisposedITAT Delhi02 Jan 2020AY 2009-10

Bench: Sh. H. S. Sidhudr. B. R. R. Kumarita No. 1457/Del/2017 : Asstt. Year : 2009-10 M/S Etisha Finance & Investment Vs Assistant Commissioner Of Pvt. Ltd., C/O Oswal Sunil & Income Tax, Central Circle-11, Company, 71, Daryaganj, New Delhi-110055 New Delhi-110002 (Appellant) (Respondent) Pan No. Aaace1803C Assessee By : None Revenue By : Sh. Saras Kumar, Sr. Dr Date Of Hearing: 16.12.2019 Date Of Pronouncement: 02.01.2020

For Appellant: NoneFor Respondent: Sh. Saras Kumar, Sr. DR

Section 68

…d., M/s Bhavsagar Vinimay Pvt. Ltd. We find the assessee has failed to discharge even the primary onus of proving genuinity and creditworthiness of the creditors. Hence, relying on the judgments of various Hon’ble High Courts, namely Dayal Singh & Sons Vs CIT 335 ITR 90 (P&H), CIT Vs C. Vijayan and Co. 324 ITR 281 (Ker.), Kamal Kishore Vs CIT 131 Taxman 155 (Raj.), CIT Vs Divine Leasing & Finance Ltd. 158 Taxman 440 (Del.) and CIT Vs Precision Finance Pvt. Ltd. 208 ITR 465 (Cal.), we hereby decline to interfere with the order of the ld. CIT (A) in confirming the addition made u/s 68 of the Income Tax Act, 1961. 1…

Sh. Basant Kumar, Fazilka vs. Deputy Commissioner of Income Tax, Circle-II, Bathinda

In the result, the assessee’s appeal is partly allowed

ITA 514/ASR/2017[2014-15]Status: DisposedITAT Amritsar25 May 2018AY 2014-15

Bench: Sh. Sanjay Arora & Sh. N. K. Choudhryi.T.A. No. 514/(Asr)/2017 Assessment Year: 2014-15

For Appellant: Sh. P. N. Arora (Adv.)For Respondent: Sh. Charan Dass (D.R.)

Section 143(3)Section 28Section 40A(3)

…4 (SC) 8 ITA No. 514 (Asr)/2017 (AY 2014-15) Basant Kumar v. Dy. CIT Sumati Dayal v. CIT [1995] 214 ITR 801 (SC) CIT vs. P. Mohanakala &Others [2007] 291 ITR 278 (SC) Hari Chand Virender Paul v. CIT [1983] 140 ITR 148 (P&H) Dayal Singh & Sons v. CIT [2011] 335 ITR 90 (P&H) Namdev Arora v. CIT [2016] 389 ITR 434 (P&H) A credit in the assessee’s books of account, as explained, is itself an evidence against him and, therefore, the same has to be proved as to its nature and source, on the parameters of, as afore-stated, identity, capacity and genuineness. In the instant case, the identity, in view of the creditor…

Nirajan Lal Saini, Jaipur vs. ITO, Alwar

In the result, appeal of the assessee is allowed for statistical purposes in terms of the direction herein above

ITA 92/JPR/2017[2010-11]Status: DisposedITAT Jaipur10 Mar 2017AY 2010-11

For Appellant: Shri P.C. Parwal (CA)For Respondent: Shri R.A. Verma (Addl. CIT)

Section 144Section 148

…aken as by aggregating the deposits, they tends to get taxed twice. 5.1. On the contrary, the ld. D/R opposed the submissions and placed reliance on the judgment of the Hon’ble Punjab & Haryana High Court rendered in the case of Dayal Singh & Sons vs. CIT,335 ITR 90 (P&H). 5.2. We have heard rival contentions, perused the material available on record and gone through the orders of the authorities below. We find that in remand report, the AO has stated that the assessee has deposited cash out of sales of vegetables, fruits etc. during the assessment year 2009-10 in bank account. There is no evidence stating…