Dhakeshwari Cotton Mills Ltd. v. CIT

26 ITR 775Supreme Court of India1954#40 most cited

What is Dhakeshwari Cotton Mills Ltd. v. CIT authority for?

Corroborative evidence is essential to support evidence found on third-party premises, and an assessment cannot be based on suspicion, surmises, or conjecture.

1,061

judgments rely on this decision, according to BharatTax’s citation analysis of 367,181 Indian tax judgments — from 2007 to 2026.

Also referred to as

Dhakeshwari Cotton Mills Ltd. v. CIT · corroborative evidence · third-party premise · suspicion · surmises · conjecture · assessment · Income-tax Officer · evidence

Sections most often in play

Section 143(3)Section 132Section 68Section 153CSection 153ASection 132(4)Section 115BBESection 142(1)

Issues it is cited on

section 23(3)circular tradingsection 132(4a)dumb documentssection 292crejection of books of accountloose paperssection 145(3)documents seizedsection 34section 145on-money

Judgments citing Dhakeshwari Cotton Mills Ltd. v. CIT

Nalanda Builders Pvt. Ltd., Kolkata vs. D.C.I.T., Central Circle - 2(1), Kolkata

In the result the appeal of the assessee is allowed

ITA 763/KOL/2022[2013-2014]Status: DisposedITAT Kolkata11 Jan 2024AY 2013-2014

Bench: Shri Rajesh Kumar, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 763/Kol/2022 Assessment Year: 2013-14 Nalanda Builders Pvt. Ltd. Dcit, Central Circle-2(1), Kolkata 5, Sree Charan Sarani Vs Bally Howrah – 711201 (West Bengal) [Pan : Aabcn7736Q] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Soumitra Choudhury, A/R Revenue By : Shri P.P. Barman, Addl. Cit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 30/11/2023 घोषणा क" तारीख /Date Of Pronouncement: 11/01/2024 आदेश/O R D E R Per Shri Rajesh Kumar: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre, Delhi, [Hereinafter The “Ld. Cit(A)”] Dt. 23/11/2022, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2013-14. 2. The Issues Raised In Ground Nos. 2 To 4 Is Against The Confirmation Of Addition As Made By The Assessing Officer On Account Of Difference Between The Value Taken By The Assessee & The Fair Market Value (Fmv) U/S 50C Of The Act. 3. The Facts In Brief Are That During The Year, The Assessee Sold Two Flats For An Aggregate Consideration Of Rs.3,00,00,000/- & Accordingly Addition Of Rs.3,26,37,314/- Was Made To The Income Of The Assessee. In 2

For Appellant: Shri Soumitra Choudhury, A/RFor Respondent: Shri P.P. Barman, Addl. CIT, Sr. D/R
Section 131Section 133(6)Section 250Section 50CSection 56(2)(x)

…ities ought to have called upon the manager to produce the documents and papers on the basis of which he made the statement and confronted the assessee with those documents and papers.” 30. In the case of Dhakeswari Cotton Mills Ltd. v. CIT reported in (1954) 26 ITR 775 (SC) the Hon'ble Supreme Court has held that “the rule of law on this subject has been fairly and rightly stated by the Lahore High Court in the case of Seth Gurmukh Singh where it was stated that while proceeding under sub-section (3) of section 23, the Income-tax Officer, though not bound to rely on evidence produced by the assessee as he consid…

Balaji Jewellers, Jaipur vs. ACIT CC -4, Jaipur

In the result, the appeal of the assessee is allowed

ITA 433/JPR/2023[2018-19]Status: DisposedITAT Jaipur04 Jan 2024AY 2018-19

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri Shrawan Kumar Gupta, AdvocateFor Respondent: Shri Ajay Malik, CIT
Section 115BSection 132Section 133ASection 139(1)Section 142Section 143(2)Section 143(3)Section 145(3)Section 234ASection 68

…ults, therefore, our answers to the questions are as follows : Question No. 1. - No. Question No. 2. - Yes. Question No. 3. - Yes. 6. The Commissioner will pay the costs of the assesse.” (g) In Dhakeswari Cotton Mills Ltd v. Commissioner of Income Tax (1954) 26 ITR 775, may be referred to, in which held: “In making an assessment under Section 23(3) of the Indian Income tax Act, the Income-tax Officer is not fettered by technical rules of evidence and pleadings, and he is entitled to act on material which may not be accepted as evidence in a court of law, but the Income- tax Officer is not entitled to make a pure…

Shrifal Impex Private Limited, Surat vs. Income Tax Officer, Ward - 2(1)(3), Surat

ITA 250/SRT/2023[2014-15]Status: DisposedITAT Surat29 Dec 2023AY 2014-15

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita Nos.190 To 191/Srt/2023 Assessment Year: (2011-12 To 2012-13) (Physical Hearing) Shrifal Impex Private Limited, Vs. The Ito, No.504, 5Th Floor, H. No.6/B/1739- Ward-2(1)(3), 1380, Parshwa Complex Thoba Sheri, Surat Mahidharpura, Surat – 395003. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaocs4409E (Appellant) (Respondent) आयकर अपील सं./Ita No.250/Srt/2023 Assessment Year: (2014-15) Shrifal Impex Private Limited, Vs. The Ito, No.504, 5Th Floor, H. No.6/B/1739- Ward-2(1)(3), 1380, Parshwa Complex Thoba Sheri, Surat Mahidharpura, Surat – 395003. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaocs4409E (Appellant) (Respondent)

Section 143(3)Section 148

…which the assessee is seriously being affected and which are the sole basis of addition, is recorded/ framed on the back of the assessee and not allowing them to put forth their case by countering the is seriously a violation of principle of natural justice, [26 ITR 775 (SC),125 TTR 713 (SC), 29 DTR 287 (Pune), 10 SOT 319 (Hyd) (TM)] The report of the DRI as stated by you is with regards to the over invoicing in import or under invoicing in export, does not say anything about genuineness of business of the It at the most can suppress the profits of the and has no more consequential bearings on the case. Your hono…

Shrifal Impex Pvt. Ltd., Surat vs. Income Tax Officer, Ward - 2(1)(3), Surat

ITA 191/SRT/2023[2012-13]Status: DisposedITAT Surat29 Dec 2023AY 2012-13

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita Nos.190 To 191/Srt/2023 Assessment Year: (2011-12 To 2012-13) (Physical Hearing) Shrifal Impex Private Limited, Vs. The Ito, No.504, 5Th Floor, H. No.6/B/1739- Ward-2(1)(3), 1380, Parshwa Complex Thoba Sheri, Surat Mahidharpura, Surat – 395003. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaocs4409E (Appellant) (Respondent) आयकर अपील सं./Ita No.250/Srt/2023 Assessment Year: (2014-15) Shrifal Impex Private Limited, Vs. The Ito, No.504, 5Th Floor, H. No.6/B/1739- Ward-2(1)(3), 1380, Parshwa Complex Thoba Sheri, Surat Mahidharpura, Surat – 395003. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaocs4409E (Appellant) (Respondent)

Section 143(3)Section 148

…which the assessee is seriously being affected and which are the sole basis of addition, is recorded/ framed on the back of the assessee and not allowing them to put forth their case by countering the is seriously a violation of principle of natural justice, [26 ITR 775 (SC),125 TTR 713 (SC), 29 DTR 287 (Pune), 10 SOT 319 (Hyd) (TM)] The report of the DRI as stated by you is with regards to the over invoicing in import or under invoicing in export, does not say anything about genuineness of business of the It at the most can suppress the profits of the and has no more consequential bearings on the case. Your hono…

Shrifal Impex Pvt. Ltd., Surat vs. Income Tax Officer, Ward - 2(1)(3), Surat

ITA 190/SRT/2023[2011-12]Status: DisposedITAT Surat29 Dec 2023AY 2011-12

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita Nos.190 To 191/Srt/2023 Assessment Year: (2011-12 To 2012-13) (Physical Hearing) Shrifal Impex Private Limited, Vs. The Ito, No.504, 5Th Floor, H. No.6/B/1739- Ward-2(1)(3), 1380, Parshwa Complex Thoba Sheri, Surat Mahidharpura, Surat – 395003. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaocs4409E (Appellant) (Respondent) आयकर अपील सं./Ita No.250/Srt/2023 Assessment Year: (2014-15) Shrifal Impex Private Limited, Vs. The Ito, No.504, 5Th Floor, H. No.6/B/1739- Ward-2(1)(3), 1380, Parshwa Complex Thoba Sheri, Surat Mahidharpura, Surat – 395003. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaocs4409E (Appellant) (Respondent)

Section 143(3)Section 148

…which the assessee is seriously being affected and which are the sole basis of addition, is recorded/ framed on the back of the assessee and not allowing them to put forth their case by countering the is seriously a violation of principle of natural justice, [26 ITR 775 (SC),125 TTR 713 (SC), 29 DTR 287 (Pune), 10 SOT 319 (Hyd) (TM)] The report of the DRI as stated by you is with regards to the over invoicing in import or under invoicing in export, does not say anything about genuineness of business of the It at the most can suppress the profits of the and has no more consequential bearings on the case. Your hono…

ACIT Central-2 Bhopal, Bhopal vs. M/S M Ahuja Project ( India) P Ltd, Raipur

In the result, the appeals of the assessee are allowed and appeals of revenue are dismissed

ITA 69/IND/2022[2015-16]Status: DisposedITAT Indore20 Dec 2023AY 2015-16

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 36(1)(iii)

…und is allowed.” 10.1 Thus, the CIT(A) has deleted these additions by considering earlier orders of the CIT(A) in respect of the assessment years 2008-09 to 2013- 14 as well as judgment of Hon’ble Supreme Court in case of Dhakeshwari Cotton Mills ltd. vs. CIT 26 ITR 775. The Department has not disputed the fact that the earlier order of the CIT(A) has also been confirmed and attained finality. Therefore, in the facts and circumstances of the case we do not find any error or illegality in the impugned order of the CIT(A) qua this issue, the same is upheld. 11. In the result, the appeals of the assessee are allowe…

The ACIT, (Central)-II, Bhopal vs. M/S. M. Ahuja Project (India) Pvt. Ltd., Raipur

In the result, the appeals of the assessee are allowed and appeals of revenue are dismissed

ITA 68/IND/2022[20214-15]Status: DisposedITAT Indore20 Dec 2023

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 36(1)(iii)

…und is allowed.” 10.1 Thus, the CIT(A) has deleted these additions by considering earlier orders of the CIT(A) in respect of the assessment years 2008-09 to 2013- 14 as well as judgment of Hon’ble Supreme Court in case of Dhakeshwari Cotton Mills ltd. vs. CIT 26 ITR 775. The Department has not disputed the fact that the earlier order of the CIT(A) has also been confirmed and attained finality. Therefore, in the facts and circumstances of the case we do not find any error or illegality in the impugned order of the CIT(A) qua this issue, the same is upheld. 11. In the result, the appeals of the assessee are allowe…

M/S. M. Ahuja Project (India) Pvt. Ltd., Raipur vs. The ACIT, (Central)-II, Bhopal

In the result, the appeals of the assessee are allowed and appeals of revenue are dismissed

ITA 49/IND/2022[2015-16]Status: DisposedITAT Indore20 Dec 2023AY 2015-16

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 36(1)(iii)

…und is allowed.” 10.1 Thus, the CIT(A) has deleted these additions by considering earlier orders of the CIT(A) in respect of the assessment years 2008-09 to 2013- 14 as well as judgment of Hon’ble Supreme Court in case of Dhakeshwari Cotton Mills ltd. vs. CIT 26 ITR 775. The Department has not disputed the fact that the earlier order of the CIT(A) has also been confirmed and attained finality. Therefore, in the facts and circumstances of the case we do not find any error or illegality in the impugned order of the CIT(A) qua this issue, the same is upheld. 11. In the result, the appeals of the assessee are allowe…

M/S. M. Ahuja Project (India) Pvt. Ltd., Raipur vs. The ACIT, (Central)-II, Bhopal

In the result, the appeals of the assessee are allowed and appeals of revenue are dismissed

ITA 48/IND/2022[2014-15]Status: DisposedITAT Indore20 Dec 2023AY 2014-15

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 36(1)(iii)

…und is allowed.” 10.1 Thus, the CIT(A) has deleted these additions by considering earlier orders of the CIT(A) in respect of the assessment years 2008-09 to 2013- 14 as well as judgment of Hon’ble Supreme Court in case of Dhakeshwari Cotton Mills ltd. vs. CIT 26 ITR 775. The Department has not disputed the fact that the earlier order of the CIT(A) has also been confirmed and attained finality. Therefore, in the facts and circumstances of the case we do not find any error or illegality in the impugned order of the CIT(A) qua this issue, the same is upheld. 11. In the result, the appeals of the assessee are allowe…

Rukmani Jewellers Private Limited, Jaipur vs. DCIT Cir.-4 Jaipur, Jaipur

In the result, the appeal of the assessee is allowed

ITA 539/JPR/2023[2017-18]Status: DisposedITAT Jaipur20 Dec 2023AY 2017-18

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri Shrawan Kumar Gupta (Adv.)For Respondent: Shri A. S. Nehra (Addl. CIT) a
Section 115BSection 143(2)Section 143(3)Section 145(3)Section 234ASection 68

…of accounts and trading account, P&L account and the financial statements and failed to disprove the condition of the assessee. Suspicion may be strong however cannot take the place of reality, are the settled principles kindly refer Dhakeshwari Cotton Mills 26 ITR 775 (SC) also refer R.B.N.J. Naidu v/s CIT 29 ITR 194 (Nag), Kanpur Steel Co. Ltd. v/s CIT 32 ITR 56 (All).Also refer CIT v/s KulwantRai 291 ITR 36( Del). In CIT v/s Shalimar Buildwell Pvt Ltd 86 CCH 250(All) it has been held that the AO made the addition merely on suspicion which was not desirable in the eye of law. 1.4 Kindly refer (a) Reliance is…

DCIT, Central Circle-4(2), Kolkata, Aayakar Bhawan Poorva vs. Alom Extrusions Limited, Kolkata

In the result, the appeal of the revenue stands dismissed

ITA 908/KOL/2023[2015-16]Status: DisposedITAT Kolkata14 Dec 2023AY 2015-16

Bench: Shri Sanjay Garg & Rajesh Kumari.T.A No.908/Kol/2023 Assessment Year: 2015-16 Dcit, C.C-4(2), Kolkata.................................................................……Appellant Vs. Alom Extrusions Ltd.........................…................…........……...…..…..Respondent 7B, Alom House, Pretoria Street, Kolkata-700071. [Pan: Aaaco3518N] Appearances By: Shri S. Dutta, Cit-Dr, Appeared On Behalf Of The Appellant. Shri A.K. Tibrewal, Fca & Amit Agrawal, Advocate, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 09, 2023 Date Of Pronouncing The Order : December 14, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Department Against The Order Dated 14.06.2023 Of The Commissioner Of Income Tax(Appeals)- 27, Kolkata (Hereinafter Referred To As The ‘Cit(A)’) Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Revenue In This Appeal Has Taken The Following Grounds Of Appeal: “1. That In The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Has Erred In Deleting The Addition Made U/S 68 On Account Of Unsecured Loan Amounting To Rs.3,00,00,000/- As Unexplained Cash Credit Without Appreciating The Material Brought On Record & Facts Evaluated By The A.O In The Assessment Order.

Section 131Section 132Section 153ASection 250Section 68

…आयकर अपील"य अ"धकरण, कोलकाता पीठ ‘ए’, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH KOLKATA Before Shri Sanjay Garg, Judicial Member and Rajesh Kumar, Accountant Member I.T.A No.908/Kol/2023 Assessment year: 2015-16 DCIT, C.C-4(2), Kolkata.................................................................……Appellant vs. Alom Extrusions Ltd.........................…................…........……...…..…..Respondent 7B, Alom House, Pretoria Street, Kolkata-700071. [PAN: AAACO3518N] Appearances by: Shri S. Dutta, CIT-DR, appeared on behalf of the appellant. Shri A.K. Tibrewal, FCA & Amit Agrawal, Advocate, appea…

Sunil Kumar Pagaria, Rajsamand vs. ACIT, Circle-2, Udaipur

ITA 77/JODH/2019[2010-11]Status: DisposedITAT Jodhpur14 Dec 2023AY 2010-11

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

For Appellant: Sh. Rakesh Lodha, C.AFor Respondent: Ms. Nidhi Nair, Sr. DR
Section 145(3)

…n High Court in the case of CIT v. Dr. AP Bahal [2010] 322 ITR 71 (Raj.) and CIT v. GotanKhanij Lime Udhyog [2002] 256 ITR 2141 (Raj). He has also placed reliance on the judgment of Hon’ble Apex Court in the case of Dhakeswari Cotton Mills Ltd. v. CIT [1954] 26 ITR 775 (SC) wherein the Hon’ble Apex Court has observed that in the absence of any specific clear finding of the Assessing Officer about non genuineness of the entries made in the books of account, he cannot reject the books of the appellant. The 4 Sunil Kumar Pagaria v. ACIT AR argued that a few vouchers pertaining to mine expenses of remote sides w…

Vinod Kumar Saraf HUF, Gorakhpur vs. PCIT, Gorakhpur

In the result, appeal of the assessee is allowed

ITA 112/VNS/2020[2015-2016]Status: DisposedITAT Varanasi07 Dec 2023AY 2015-2016
Section 143(3)Section 263

…Investigation Wing and thereafter, he has referred to the decision of the Hon’ble Supreme Court in the case of Sumati Dayal vs. CIT reported in 214 ITR 801; Chuhar Mal vs. CIT reported in (1988) 172 ITR 250;Dhakeshwari Cotton Mills vs. CIT reported in (1954) 26 ITR 775 and the decision of the Hon’ble Supreme Court in the case of PCIT vs. NRA Iron & Steel Pvt. Ltd reported in (2019) 412 ITR 161/262. 5.1 In so far as the contention of the assessee that the conditions prescribed in Explanation 2 is not satisfied, ld. PCIT held that the order of the AO is erroneous on multiple grounds, because as per him, the enquir…

Gopi Krishna Vinod Kumar HUF, Gorakhpur vs. PCIT, Gorakhpur

In the result, appeal of the assessee is allowed

ITA 111/VNS/2020[2015-2016]Status: DisposedITAT Varanasi07 Dec 2023AY 2015-2016
Section 143(3)Section 263

…Investigation Wing and thereafter, he has referred to the decision of the Hon’ble Supreme Court in the case of Sumati Dayal vs. CIT reported in 214 ITR 801; Chuhar Mal vs. CIT reported in (1988) 172 ITR 250;Dhakeshwari Cotton Mills vs. CIT reported in (1954) 26 ITR 775 and the decision of the Hon’ble Supreme Court in the case of PCIT vs. NRA Iron & Steel Pvt. Ltd reported in (2019) 412 ITR 161/262. 5.1 In so far as the contention of the assessee that the conditions prescribed in Explanation 2 is not satisfied, ld. PCIT held that the order of the AO is erroneous on multiple grounds, because as per him, the enquir…

Vishal Kanodia, Varanasi vs. PCIT, Varanasi

In the result, appeal of the assessee is allowed

ITA 85/VNS/2019[2014-2015]Status: DisposedITAT Varanasi07 Dec 2023AY 2014-2015
Section 143(3)Section 263

…Investigation Wing and thereafter, he has referred to the decision of the Hon’ble Supreme Court in the case of Sumati Dayal vs. CIT reported in 214 ITR 801; Chuhar Mal vs. CIT reported in (1988) 172 ITR 250;Dhakeshwari Cotton Mills vs. CIT reported in (1954) 26 ITR 775 and the decision of the Hon’ble Supreme Court in the case of PCIT vs. NRA Iron & Steel Pvt. Ltd reported in (2019) 412 ITR 161/262. 5.1 In so far as the contention of the assessee that the conditions prescribed in Explanation 2 is not satisfied, ld. PCIT held that the order of the AO is erroneous on multiple grounds, because as per him, the enquir…

Sarvesh Kumar Agarwal HUF, Varanasi vs. PCIT, Varanasi

In the result, appeal of the assessee is allowed

ITA 252/VNS/2019[2015-2016]Status: DisposedITAT Varanasi07 Dec 2023AY 2015-2016
Section 143(3)Section 263

…Investigation Wing and thereafter, he has referred to the decision of the Hon’ble Supreme Court in the case of Sumati Dayal vs. CIT reported in 214 ITR 801; Chuhar Mal vs. CIT reported in (1988) 172 ITR 250;Dhakeshwari Cotton Mills vs. CIT reported in (1954) 26 ITR 775 and the decision of the Hon’ble Supreme Court in the case of PCIT vs. NRA Iron & Steel Pvt. Ltd reported in (2019) 412 ITR 161/262. 5.1 In so far as the contention of the assessee that the conditions prescribed in Explanation 2 is not satisfied, ld. PCIT held that the order of the AO is erroneous on multiple grounds, because as per him, the enquir…

Anju Jhunjhunwala, Varanasi vs. PCIT, Varanasi

In the result, appeal of the assessee is allowed

ITA 198/VNS/2019[2015-2016]Status: DisposedITAT Varanasi07 Dec 2023AY 2015-2016
Section 143(3)Section 263

…Investigation Wing and thereafter, he has referred to the decision of the Hon’ble Supreme Court in the case of Sumati Dayal vs. CIT reported in 214 ITR 801; Chuhar Mal vs. CIT reported in (1988) 172 ITR 250;Dhakeshwari Cotton Mills vs. CIT reported in (1954) 26 ITR 775 and the decision of the Hon’ble Supreme Court in the case of PCIT vs. NRA Iron & Steel Pvt. Ltd reported in (2019) 412 ITR 161/262. 5.1 In so far as the contention of the assessee that the conditions prescribed in Explanation 2 is not satisfied, ld. PCIT held that the order of the AO is erroneous on multiple grounds, because as per him, the enquir…

Ahluwalia Erectors & Fabricators Private Limited, Jaipur vs. ACIT, Kota

In the result, the appeal of the assessee is partly allowed as indicated hereinabove

ITA 433/JPR/2022[2017-18]Status: DisposedITAT Jaipur11 Oct 2023AY 2017-18

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri Mahendra Gargieya, AdvocateFor Respondent: Shri A.S. Nehra Addl. CITa
Section 143(3)Section 234B

…ithdrawn or that the cash so withdrawn stood utilized elsewhere. Hence, apparent was real. 3.3 Mere suspicion not sufficient:It is well settled that suspicion howsoever strong, cannot take place of reality. Kindly refer Dhakeshwari Cotton Mills v/s CIT (1954) 26 ITR 775 (SC). 4. Objections of AO and CIT: 4.1 The allegation of AO (para v) that bank statement of Beawar shows no cash transactions and hence, the assesse was not having any cash in hand in Beawar, is a mere imagination and a wrong inference drawn by him in as muchas the Bank Account was purportedly opened at Beawar because of the labor job work going o…

Dy. Commissioner of Income Tax, Central Circle-3, Surat vs. Dmc Construction Pvt. Ltd., Mumbai

In the result, the grounds of Revenue’s appeal are dismissed

ITA 112/SRT/2021[2012-13]Status: DisposedITAT Surat10 Oct 2023AY 2012-13

Bench: Shri Pawan Singh & Dr Arjun Lal Sainiआ.अ.सं./Ita No.112/Srt/2021 (Ay 2012-13) (Hearing In Physical Court) Deputy Commissioner Of Dmc Construction Pvt. Ltd Income-Tax, Central Circle-3, 9Th Trivedi Niwas, Rashtriya Vs Surat, Room No. 507, 5Th Floor, Shala Road, Ville Parle West, Aayakar Bhawan, Majura Gate, Mumbai-400056 Surat-395001 Pan No. Aadcd 2089 C अपीलाथ"/Appellant ""थ" /Respondent

Section 132Section 133ASection 143(2)Section 143(3)Section 148Section 254(1)

…g the order of Assessing Officer on both the addition 15 DMC Construction Pvt. Ltd. and to reverse the order of Ld. CIT(A). To support his submissions, the ld Sr DR for the revenue relied on the following decisions;  Dhakeshwari Cotton Mills Vs CIT (1954) 26 ITR 775 (SC),  Commissioner of Sales Tax Vs H.M. Esufali H.M. Abdulali (1973) 90 ITR 271-SC,  CIT Vs Chetan Das Lachman Das (2012) 25 taxmann.com 227 (Delhi),  Tara Singh Vs ITO (2017) 81 taxmann.com 293 (P&H),  ACIT Vs Giriraj Developers (2017) 82 taxmann.com 54 (Mum-Trib),  Overseas Chinese Cuisine (India) Private Limited (1996) 55 TTJ 304 (ITAT-Mu…

Jagat Singh Rathore, Tonk vs. ITO WD 7(2), Jaipur

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 139/JPR/2023[2014-15]Status: DisposedITAT Jaipur18 Sept 2023AY 2014-15

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri Mahendra Gargieya, AdvFor Respondent: Ms. Monisha Choudhary, Addl. CITa
Section 142(1)Section 143(2)Section 143(3)Section 234ASection 68

…tents of affidavits filed remained uncontroverted hence were binding upon AO as held in Mehta Pareek & co. (30 ITR 181 SC). Onus shifted to AO was not discharged and he proceeded on mere suspicion which is not a good basis as held in Dhakeshwari Cotton Mills (26 ITR 775 SC). 8.No application of mind by the CIT(A): A bare look upon the order of the CIT(A) makes it clear that there has been no application of mind at all by him on the facts, the submissions made by the assessee and the judicial precedents in as much as he again and again referred to the finding recorded by AO and he has done nothing except justifyin…