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 367,164 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

Jagmohan Agarwal, Kolkata vs. ACIT, Circle - 35, Kolkata

ITA 604/KOL/2018[2014-15]Status: DisposedITAT Kolkata05 Sept 2018AY 2014-15

Bench: "ी ऐ. ट". वक", "यायीक सद"य एवं/And "ी एम .बालागणेश, लेखा सद"य) [Before Shri A. T. Varkey, Jm & Shri M. Balaganesh, Am]

Section 133(6)Section 68

…Charan Shaw & Bros, Co, vs, CIT (37 ITR 271). It has been further held in the following cases that suspicion howsoever strong cannot take the place of proof: a) 37 ITR 151 (SC) Omar Salay Mohammad Salt vs CIT b) 26 ITR 736 (SC) Dhirajlal Girdharilal vs CIT c) 26 ITR 775 (SC) Dhakeshwari Cotton Mills Ltd. vs CIT d) 37 ITR 288 (SC) Lal Chand Bhagat Ambica Ram vs CIT 10. Further, in the case of Raj Kumar Agarwal (ITA No. 1330/K/07), reliance was placed on Hon’ble Calcutta High Court's decision in the case of Cabro Industrial Holdings Ltd. (244 ITR 422) wherein it was held that the claim of the assessee should not b…

ITO, Ward-12(3), Kolkata vs. M/S Splendour Villa Makers Pvt. Ltd., Kolkata

In the result, the appeal of the revenue is dismissed

ITA 1768/KOL/2016[2012-13]Status: DisposedITAT Kolkata05 Sept 2018AY 2012-13

Bench: Hon’Ble Shri S.S. Godara, Jm & Shri M.Balaganesh, Am ] I.T.A No. 1768/Kol/2016 Assessment Year : 2012-13 Ito, Ward-12(3), Kolkata -Vs- M/S Splendour Villa Makers Pvt. Ltd. [Pan: Aahcs 9726 M] (Appellant) (Respondent)

For Appellant: Shri P.K. Mondal, Addl. CIT Sr. DRFor Respondent: Shri M.D. Shah, AR
Section 133(6)Section 143(3)Section 68

…IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH : KOLKATA [Before Hon’ble Shri S.S. Godara, JM & Shri M.Balaganesh, AM ] I.T.A No. 1768/Kol/2016 Assessment Year : 2012-13 ITO, Ward-12(3), Kolkata -vs- M/s Splendour Villa Makers Pvt. Ltd. [PAN: AAHCS 9726 M] (Appellant) (Respondent) For the Appellant : Shri P.K. Mondal, Addl. CIT Sr. DR For the Revenue : Shri M.D. Shah, AR Date of Hearing : 28.08.2018 Date of Pronouncement : 05.09.2018 ORDER Per M.Balaganesh, AM 1. This appeal by the Revenue arises out of the order of the Learned Commissioner of Income Tax(Appeals)-4, Kolkata [in short the ld CIT(A)] in…

Skylark Build, Mumbai vs. Asst CIT Cen Cir 4(2), Mumbai

ITA 4370/MUM/2015[2007-08]Status: DisposedITAT Mumbai29 Aug 2018AY 2007-08

Bench: Shri Joginder Singh & Shri Rajesh Kumarassessment Year: 2007-08 M/S. Skylark Build Acit, Central Circle-4(2) 402, Sagar Avenue 4Th Floor, Aayakar Bhavan बनाम/ Plot B-54, Junction Of M.K.Road, Vs. Lallubhai Park & S.V. Road Mumbai 400020 Andheri (W), Mumbai 400058 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No. Aazfs0404K Assessment Year: 2008-09 M/S. Skylark Build Acit, Central Circle-4(2) 402, Sagar Avenue 4Th Floor, Aayakar Bhavan बनाम/ Plot B-54, Junction Of M.K.Road, Vs. Lallubhai Park & S.V. Road Mumbai 400020 Andheri (W), Mumbai 400058 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No. Aazfs0404K

…nd further submissions dated 17/09/2014 (page-16 onwards of the impugned order) and considering the decision in the case of UmaCharan Shaw & Brothers vs CIT 37 ITR 271 (Supreme Court), CIT vs K. Mahim Udma 22 ITR 133(Kerala), Dhankeshwari Cotton Mills Ltd. 26 ITR 775 (Supreme Court), CIT vs Anumpam Kapoor (2008) 299 ITR 179 (P & H), ACIT vs Metro Construction Co. (2013) 36 CCH 249 (Mum.), Sunita Dhadda vs DCIT (2012) 148 TTJ 719 (JP) found that the alleged bogus purchases transactions and the consequent addition was made in the hands of the firm i.e. M/s Skylark 213 Skylark Build Skylark Buildcon P. Ltd.…

Skylark Build, Mumbai vs. Asst CIT Cen Cir 4(2), Mumbai

ITA 3237/MUM/2015[2008-09]Status: DisposedITAT Mumbai29 Aug 2018AY 2008-09

Bench: Shri Joginder Singh & Shri Rajesh Kumarassessment Year: 2007-08 M/S. Skylark Build Acit, Central Circle-4(2) 402, Sagar Avenue 4Th Floor, Aayakar Bhavan बनाम/ Plot B-54, Junction Of M.K.Road, Vs. Lallubhai Park & S.V. Road Mumbai 400020 Andheri (W), Mumbai 400058 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No. Aazfs0404K Assessment Year: 2008-09 M/S. Skylark Build Acit, Central Circle-4(2) 402, Sagar Avenue 4Th Floor, Aayakar Bhavan बनाम/ Plot B-54, Junction Of M.K.Road, Vs. Lallubhai Park & S.V. Road Mumbai 400020 Andheri (W), Mumbai 400058 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No. Aazfs0404K

…nd further submissions dated 17/09/2014 (page-16 onwards of the impugned order) and considering the decision in the case of UmaCharan Shaw & Brothers vs CIT 37 ITR 271 (Supreme Court), CIT vs K. Mahim Udma 22 ITR 133(Kerala), Dhankeshwari Cotton Mills Ltd. 26 ITR 775 (Supreme Court), CIT vs Anumpam Kapoor (2008) 299 ITR 179 (P & H), ACIT vs Metro Construction Co. (2013) 36 CCH 249 (Mum.), Sunita Dhadda vs DCIT (2012) 148 TTJ 719 (JP) found that the alleged bogus purchases transactions and the consequent addition was made in the hands of the firm i.e. M/s Skylark 213 Skylark Build Skylark Buildcon P. Ltd.…

DCIT Cen Cir 4(2), Mumbai vs. Sudhakar M. Shetty, Mumbai

ITA 2906/MUM/2015[2011-12]Status: DisposedITAT Mumbai29 Aug 2018AY 2011-12

Bench: Shri Joginder Singh & Shri Rajesh Kumarassessment Year: 2007-08 M/S. Skylark Build Acit, Central Circle-4(2) 402, Sagar Avenue 4Th Floor, Aayakar Bhavan बनाम/ Plot B-54, Junction Of M.K.Road, Vs. Lallubhai Park & S.V. Road Mumbai 400020 Andheri (W), Mumbai 400058 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No. Aazfs0404K Assessment Year: 2008-09 M/S. Skylark Build Acit, Central Circle-4(2) 402, Sagar Avenue 4Th Floor, Aayakar Bhavan बनाम/ Plot B-54, Junction Of M.K.Road, Vs. Lallubhai Park & S.V. Road Mumbai 400020 Andheri (W), Mumbai 400058 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No. Aazfs0404K

…nd further submissions dated 17/09/2014 (page-16 onwards of the impugned order) and considering the decision in the case of UmaCharan Shaw & Brothers vs CIT 37 ITR 271 (Supreme Court), CIT vs K. Mahim Udma 22 ITR 133(Kerala), Dhankeshwari Cotton Mills Ltd. 26 ITR 775 (Supreme Court), CIT vs Anumpam Kapoor (2008) 299 ITR 179 (P & H), ACIT vs Metro Construction Co. (2013) 36 CCH 249 (Mum.), Sunita Dhadda vs DCIT (2012) 148 TTJ 719 (JP) found that the alleged bogus purchases transactions and the consequent addition was made in the hands of the firm i.e. M/s Skylark 213 Skylark Build Skylark Buildcon P. Ltd.…

Shri Sanjay Agarwal, Uttar Pradesh vs. The ACIT 3(1), Bhopal

In the result, the appeal filed by the assessee is

ITA 328/IND/2014[2008-09]Status: DisposedITAT Indore20 Aug 2018AY 2008-09

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2008-09

Section 131Section 143(3)Section 68

…h gift received by wife. Like the allegation that earlier also there were gifts in the family, but they were done through bank accounts. The appellant take support from the landmark judgement – Dhakeswari Cotton Mills Ltd. v. Commissioner of Income-tax [1954] 26 ITR 775 (SC) In which it was held –“that in making the assessment under section 23(3) he is not entitled to make a pure guess and make an assessment without reference to any evidence or any 5 material at all and there must be something more than bare suspicion to support the assessment under section 23(3). The rule of law on this subject has been fairly…

Lars Medicare Pvt. Ltd., New Delhi vs. DCIT, New Delhi

In the result, the appeal of the assessee is allowed

ITA 6837/DEL/2015[2011-12]Status: DisposedITAT Delhi14 Aug 2018AY 2011-12

Bench: : Shri Amit Shukla & Shri L.P. Sahuassessment Year: 2011-12

Section 10Section 115J

…Co. vs. CIT reported in 37 ITR 271. It has been further held in the following cases that suspicion howsoever strong cannot take the place of proof: i) 37 ITR 151(SC) Omar Salay Mohammad Sait v CIT ii) 26 ITR 736 (SC) Dhirajlal Girdharilal v CIT, Bombay iii) 26 ITR 775 (SC) Dhakeshwari Cotton Mills ltd. v CIT iv) 37 ITR 288 (SC) Lal Chand Bhagat Ambica Ram v CIT 3.7 Furthermore, the learned Commissioner of Income Tax (Appeals) has upheld the disallowance on the ground that it is difficult to appreciate that when the appellant is manufacturing a product which requires high degree of precision and hygienic stand…

ACIT, Corporate Circle-1(2), Bhubaneswar vs. M/S. T.S.Alloys Limited, Bhubaneswar

In the result, appeals filed by the revenue are dismissed

ITA 405/CTK/2017[2013-14]Status: DisposedITAT Cuttack09 Aug 2018AY 2013-14

Bench: S/Shri N.S Saini & Pavan Kumar Gadale

For Appellant: Mss Swati Kejriwal, ARFor Respondent: Shri Saad Kidwai, CIT DR

…nt year 2013-14 is bogus or inflated by the assessee in order to reduce its taxable income. It is trite law that suspicion howsoever grave cannot takes place of proof. The Hon’ble Supreme Court in the case of Dhakeshwari Cotton Mills Ltd vs CIT, reported in 26 ITR 775/783 (SC) has held that “As regards the second contention, we are in entire agreement with the learned Solicitor-General when he says that the Income Tax Officer is not fettered by technical rules of evidence and pleadings, and that he is entitled to act on material which may not be accepted as evidence in a Court of law, but there the agreemen…

ACIT, Corporate Circle-1(2), Bhubaneswar vs. M/S. T.S.Alloys Limited, Bhubaneswar

In the result, appeals filed by the revenue are dismissed

ITA 404/CTK/2017[2012-13]Status: DisposedITAT Cuttack09 Aug 2018AY 2012-13

Bench: S/Shri N.S Saini & Pavan Kumar Gadale

For Appellant: Mss Swati Kejriwal, ARFor Respondent: Shri Saad Kidwai, CIT DR

…nt year 2013-14 is bogus or inflated by the assessee in order to reduce its taxable income. It is trite law that suspicion howsoever grave cannot takes place of proof. The Hon’ble Supreme Court in the case of Dhakeshwari Cotton Mills Ltd vs CIT, reported in 26 ITR 775/783 (SC) has held that “As regards the second contention, we are in entire agreement with the learned Solicitor-General when he says that the Income Tax Officer is not fettered by technical rules of evidence and pleadings, and that he is entitled to act on material which may not be accepted as evidence in a Court of law, but there the agreemen…

DCIT, Circle-10(2), Kolkata vs. M/S Sree Automotive Pvt. Ltd., Kolkata

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

ITA 1392/KOL/2016[2010-11]Status: DisposedITAT Kolkata27 Jul 2018AY 2010-11

Bench: : Shri J. Sudhakar Reddy & Shri S.S.Viswanethra Ravi

For Respondent: Shri Saurabh Kumar, Addl. CIT, Sr.DR

…It is observed that the AO is not entitled to make a pure guess and make an assessment without reference to any evidence or any material at all. In this respect, it is imperative to refer on the ratio in the case of Dhakeswari Cotton Mills Ltd. vs. CIT (1954) 26 ITR 775 (SC) wherein it was held as under: ­ "As regards the second contention, although ITO is not fettered by technical rules of evidence and pleadings, and that he is entitled to act on material which may not be accepted as evidence in a court of law, but there the agreement ends; because it is equally clear that in making the assessment under sectio…

ACIT, Cir.-26(1), Kolkata vs. M/S Future Distributors, Kolkata

In the result, the appeal of the Revenue is dismissed

ITA 269/KOL/2017[2010-2011]Status: DisposedITAT Kolkata22 Jun 2018AY 2010-2011

Bench: Shri P.M. Jagtap & Shri A.T. Varkey

Section 131Section 133A

…that the total income of the Martin Group from Bhutan Lottery was taken as Rs.400 crore and the assessee-firm’s as Rs.172 crore in view of the incorrect information from the assessee and incomplete data. 21. In the case of Dhakeswari Cotton Mills –vs.- CIT [26 ITR 775] cited by the ld. Counsel for the assessee, it was held by the Hon’ble Supreme Court that while making the best judgment assessment, the Income Tax Officer is not entitled to make a pure guess and make an assessment without reference to any evidence or any material at all. It was held that there must be something more than bare suspicion to suppor…

Lalamal Sangamlal Seth Construction Pvt. Ltd., New Delhi vs. ITO, Ward- 15(1), New Delhi

In the result, ITA.No.6663/Del

ITA 6663/DEL/2017[2014-15]Status: DisposedITAT Delhi07 Jun 2018AY 2014-15

Bench: Shri Bhavnesh Saini & Shri L.P. Sahu

For Appellant: Ms. Nisha Rachh, C.A. &For Respondent: Shri Ravi Kant Gupta, Sr. D.R

…onal disallowance of Rs.4,80,000/- by arbitrarily applying the interest rate @ 12% on the amount of Rs.40 lakhs. Learned Counsel for the Assessee relied upon decision of the Hon’ble Supreme Court in the case of Dhakeswari Cotton Mills Ltd., vs. CIT (1954) 26 ITR 775 (SC) in which it was held that “ITO is not entitled to make a pure guess and make an assessment without reference to any evidence or any material at all”. It is, therefore, submitted that entire addition is liable to be deleted. 4. The Ld. D.R. relied upon the orders of the authorities below. 5. After considering the rival submissions, we do…

Lalamal Sangamlal Seth Construction Pvt. Ltd., New Delhi vs. ITO, Ward- 15(1), C R Building, New Delhi

In the result, ITA.No.6663/Del

ITA 4540/DEL/2017[2012-13]Status: DisposedITAT Delhi07 Jun 2018AY 2012-13

Bench: Shri Bhavnesh Saini & Shri L.P. Sahu

For Appellant: Ms. Nisha Rachh, C.A. &For Respondent: Shri Ravi Kant Gupta, Sr. D.R

…onal disallowance of Rs.4,80,000/- by arbitrarily applying the interest rate @ 12% on the amount of Rs.40 lakhs. Learned Counsel for the Assessee relied upon decision of the Hon’ble Supreme Court in the case of Dhakeswari Cotton Mills Ltd., vs. CIT (1954) 26 ITR 775 (SC) in which it was held that “ITO is not entitled to make a pure guess and make an assessment without reference to any evidence or any material at all”. It is, therefore, submitted that entire addition is liable to be deleted. 4. The Ld. D.R. relied upon the orders of the authorities below. 5. After considering the rival submissions, we do…

Padala V.V. Satyanarayana Reddy vs. The Dy. CIT, Visakhapatnam

In the result, the appeal of the assessees in appeal No

ITA 187/VIZ/2017[2008-2009]Status: DisposedITAT Visakhapatnam30 May 2018AY 2008-2009

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Ble1. Sathi Suryanarayana Reddy Dcit, Kutukuluru Village Vs. Central Circle-1 East Godavari Dist. Visakhapatnam Pan No.Aqsps0318M 2. Kovvuri Adi Reddy, Vs. Dcit, D.No. 59-19-12, Jagannathpuram, Central Circle-1, Kakinada Basti, E.G. District. Visakhapatnam. Pan No. Akypa 7366 B 3. Tadi China Venkata Reddy Vs. Dcit, Anaparthi Village, Central Circle-1 East Godavari District. Visakhapatnam Pan No.Alqpt 6801 P 4. Kovvuri Vijaya Suhdhara Reddy, Vs. Dcit, D.No. 6-64, Kondukuru Central Circle-1 Village,Bikkavolumandal, Visakhapatnam East Godavari Dist. Pan No. Btxpk 4927 K

Section 132Section 148

…the assessee has paid the consideration over and above the sale consideration, there is no case for making any addition representing unexplained investment in the hands of the assessee. Hon’ble Supreme Court in the case of Dakeswari Cotton Mills Ltd. Vs. CIT 26 ITR 775 held that the A.O. is not entitled to make pure guess and make an assessment without reference to any evidence or material and there must be something more than mere suspicion to support the assessment, otherwise the same would be void in law. Similarly, it is held that unless otherwise, there is an evidence to ITA Nos.178-189/VIZ/2017 (Kovvuri Ad…

Nallamilli Venkatakrishna Reddy vs. The Dy. CIT, Visakhapatnam

In the result, the appeal of the assessees in appeal No

ITA 186/VIZ/2017[2008-2009]Status: DisposedITAT Visakhapatnam30 May 2018AY 2008-2009

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Ble1. Sathi Suryanarayana Reddy Dcit, Kutukuluru Village Vs. Central Circle-1 East Godavari Dist. Visakhapatnam Pan No.Aqsps0318M 2. Kovvuri Adi Reddy, Vs. Dcit, D.No. 59-19-12, Jagannathpuram, Central Circle-1, Kakinada Basti, E.G. District. Visakhapatnam. Pan No. Akypa 7366 B 3. Tadi China Venkata Reddy Vs. Dcit, Anaparthi Village, Central Circle-1 East Godavari District. Visakhapatnam Pan No.Alqpt 6801 P 4. Kovvuri Vijaya Suhdhara Reddy, Vs. Dcit, D.No. 6-64, Kondukuru Central Circle-1 Village,Bikkavolumandal, Visakhapatnam East Godavari Dist. Pan No. Btxpk 4927 K

Section 132Section 148

…the assessee has paid the consideration over and above the sale consideration, there is no case for making any addition representing unexplained investment in the hands of the assessee. Hon’ble Supreme Court in the case of Dakeswari Cotton Mills Ltd. Vs. CIT 26 ITR 775 held that the A.O. is not entitled to make pure guess and make an assessment without reference to any evidence or material and there must be something more than mere suspicion to support the assessment, otherwise the same would be void in law. Similarly, it is held that unless otherwise, there is an evidence to ITA Nos.178-189/VIZ/2017 (Kovvuri Ad…

Mailavarapu Anantha Naga Narasimha Srikanth vs. The Dy. CIT, Visakhapatnam

In the result, the appeal of the assessees in appeal No

ITA 185/VIZ/2017[2008-2009]Status: DisposedITAT Visakhapatnam30 May 2018AY 2008-2009

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Ble1. Sathi Suryanarayana Reddy Dcit, Kutukuluru Village Vs. Central Circle-1 East Godavari Dist. Visakhapatnam Pan No.Aqsps0318M 2. Kovvuri Adi Reddy, Vs. Dcit, D.No. 59-19-12, Jagannathpuram, Central Circle-1, Kakinada Basti, E.G. District. Visakhapatnam. Pan No. Akypa 7366 B 3. Tadi China Venkata Reddy Vs. Dcit, Anaparthi Village, Central Circle-1 East Godavari District. Visakhapatnam Pan No.Alqpt 6801 P 4. Kovvuri Vijaya Suhdhara Reddy, Vs. Dcit, D.No. 6-64, Kondukuru Central Circle-1 Village,Bikkavolumandal, Visakhapatnam East Godavari Dist. Pan No. Btxpk 4927 K

Section 132Section 148

…the assessee has paid the consideration over and above the sale consideration, there is no case for making any addition representing unexplained investment in the hands of the assessee. Hon’ble Supreme Court in the case of Dakeswari Cotton Mills Ltd. Vs. CIT 26 ITR 775 held that the A.O. is not entitled to make pure guess and make an assessment without reference to any evidence or material and there must be something more than mere suspicion to support the assessment, otherwise the same would be void in law. Similarly, it is held that unless otherwise, there is an evidence to ITA Nos.178-189/VIZ/2017 (Kovvuri Ad…

Tetali Srinivasa Reddy vs. The Dy. CIT, Visakhapatnam

In the result, the appeal of the assessees in appeal No

ITA 184/VIZ/2017[2008-2009]Status: DisposedITAT Visakhapatnam30 May 2018AY 2008-2009

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Ble1. Sathi Suryanarayana Reddy Dcit, Kutukuluru Village Vs. Central Circle-1 East Godavari Dist. Visakhapatnam Pan No.Aqsps0318M 2. Kovvuri Adi Reddy, Vs. Dcit, D.No. 59-19-12, Jagannathpuram, Central Circle-1, Kakinada Basti, E.G. District. Visakhapatnam. Pan No. Akypa 7366 B 3. Tadi China Venkata Reddy Vs. Dcit, Anaparthi Village, Central Circle-1 East Godavari District. Visakhapatnam Pan No.Alqpt 6801 P 4. Kovvuri Vijaya Suhdhara Reddy, Vs. Dcit, D.No. 6-64, Kondukuru Central Circle-1 Village,Bikkavolumandal, Visakhapatnam East Godavari Dist. Pan No. Btxpk 4927 K

Section 132Section 148

…the assessee has paid the consideration over and above the sale consideration, there is no case for making any addition representing unexplained investment in the hands of the assessee. Hon’ble Supreme Court in the case of Dakeswari Cotton Mills Ltd. Vs. CIT 26 ITR 775 held that the A.O. is not entitled to make pure guess and make an assessment without reference to any evidence or material and there must be something more than mere suspicion to support the assessment, otherwise the same would be void in law. Similarly, it is held that unless otherwise, there is an evidence to ITA Nos.178-189/VIZ/2017 (Kovvuri Ad…

Kovvuri Venkata Rama Reddy vs. The Dy. CIT, Visakhapatnam

In the result, the appeal of the assessees in appeal No

ITA 183/VIZ/2017[2008-2009]Status: DisposedITAT Visakhapatnam30 May 2018AY 2008-2009

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Ble1. Sathi Suryanarayana Reddy Dcit, Kutukuluru Village Vs. Central Circle-1 East Godavari Dist. Visakhapatnam Pan No.Aqsps0318M 2. Kovvuri Adi Reddy, Vs. Dcit, D.No. 59-19-12, Jagannathpuram, Central Circle-1, Kakinada Basti, E.G. District. Visakhapatnam. Pan No. Akypa 7366 B 3. Tadi China Venkata Reddy Vs. Dcit, Anaparthi Village, Central Circle-1 East Godavari District. Visakhapatnam Pan No.Alqpt 6801 P 4. Kovvuri Vijaya Suhdhara Reddy, Vs. Dcit, D.No. 6-64, Kondukuru Central Circle-1 Village,Bikkavolumandal, Visakhapatnam East Godavari Dist. Pan No. Btxpk 4927 K

Section 132Section 148

…the assessee has paid the consideration over and above the sale consideration, there is no case for making any addition representing unexplained investment in the hands of the assessee. Hon’ble Supreme Court in the case of Dakeswari Cotton Mills Ltd. Vs. CIT 26 ITR 775 held that the A.O. is not entitled to make pure guess and make an assessment without reference to any evidence or material and there must be something more than mere suspicion to support the assessment, otherwise the same would be void in law. Similarly, it is held that unless otherwise, there is an evidence to ITA Nos.178-189/VIZ/2017 (Kovvuri Ad…

Sabbella V.V. Satyanarayana Reddy vs. The Dy. CIT, Visakhapatnam

In the result, the appeal of the assessees in appeal No

ITA 182/VIZ/2017[2008-2009]Status: DisposedITAT Visakhapatnam30 May 2018AY 2008-2009

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Ble1. Sathi Suryanarayana Reddy Dcit, Kutukuluru Village Vs. Central Circle-1 East Godavari Dist. Visakhapatnam Pan No.Aqsps0318M 2. Kovvuri Adi Reddy, Vs. Dcit, D.No. 59-19-12, Jagannathpuram, Central Circle-1, Kakinada Basti, E.G. District. Visakhapatnam. Pan No. Akypa 7366 B 3. Tadi China Venkata Reddy Vs. Dcit, Anaparthi Village, Central Circle-1 East Godavari District. Visakhapatnam Pan No.Alqpt 6801 P 4. Kovvuri Vijaya Suhdhara Reddy, Vs. Dcit, D.No. 6-64, Kondukuru Central Circle-1 Village,Bikkavolumandal, Visakhapatnam East Godavari Dist. Pan No. Btxpk 4927 K

Section 132Section 148

…the assessee has paid the consideration over and above the sale consideration, there is no case for making any addition representing unexplained investment in the hands of the assessee. Hon’ble Supreme Court in the case of Dakeswari Cotton Mills Ltd. Vs. CIT 26 ITR 775 held that the A.O. is not entitled to make pure guess and make an assessment without reference to any evidence or material and there must be something more than mere suspicion to support the assessment, otherwise the same would be void in law. Similarly, it is held that unless otherwise, there is an evidence to ITA Nos.178-189/VIZ/2017 (Kovvuri Ad…

Kovvuri Vijaya Sudhakara Reddy vs. The Dy. CIT, Visakhapatnam

In the result, the appeal of the assessees in appeal No

ITA 181/VIZ/2017[2008-2009]Status: DisposedITAT Visakhapatnam30 May 2018AY 2008-2009

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Ble1. Sathi Suryanarayana Reddy Dcit, Kutukuluru Village Vs. Central Circle-1 East Godavari Dist. Visakhapatnam Pan No.Aqsps0318M 2. Kovvuri Adi Reddy, Vs. Dcit, D.No. 59-19-12, Jagannathpuram, Central Circle-1, Kakinada Basti, E.G. District. Visakhapatnam. Pan No. Akypa 7366 B 3. Tadi China Venkata Reddy Vs. Dcit, Anaparthi Village, Central Circle-1 East Godavari District. Visakhapatnam Pan No.Alqpt 6801 P 4. Kovvuri Vijaya Suhdhara Reddy, Vs. Dcit, D.No. 6-64, Kondukuru Central Circle-1 Village,Bikkavolumandal, Visakhapatnam East Godavari Dist. Pan No. Btxpk 4927 K

Section 132Section 148

…the assessee has paid the consideration over and above the sale consideration, there is no case for making any addition representing unexplained investment in the hands of the assessee. Hon’ble Supreme Court in the case of Dakeswari Cotton Mills Ltd. Vs. CIT 26 ITR 775 held that the A.O. is not entitled to make pure guess and make an assessment without reference to any evidence or material and there must be something more than mere suspicion to support the assessment, otherwise the same would be void in law. Similarly, it is held that unless otherwise, there is an evidence to ITA Nos.178-189/VIZ/2017 (Kovvuri Ad…