How many judgments cite Dhakeshwari Cotton Mills Ltd. v. CIT?

1,061 judgments on BharatTax cite Dhakeshwari Cotton Mills Ltd. v. CIT (26 ITR 775), spanning 2007 to 2026.

Which sections of the Income Tax Act does Dhakeshwari Cotton Mills Ltd. v. CIT come up under?

It is most often cited in judgments turning on Section 143(3), Section 132, Section 68, Section 153C, Section 153A, Section 132(4).

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 367,154 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 132 Section 68 Section 153C Section 153A Section 132(4)Section 115BBE Section 142(1)

Issues it is cited on

section 23(3)circular trading section 132(4a)dumb documents section 292c rejection of books of account loose papers section 145(3)documents seized section 34 section 145 on-money

Judgments citing Dhakeshwari Cotton Mills Ltd. v. CIT

Paliwal Jewellers, Jaipur vs. ITO, Jaipur

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

ITA 82/JPR/2017[2012-13]Status: DisposedITAT Jaipur27 Nov 2017AY 2012-13

For Appellant: Shri Shrawan Kr. Gupta (Advocate)For Respondent: Shri Shailendra Sharma (Addl. CIT)

Section 143(3)Section 40A(3)

…on-business purposes, excess and element of personal user etc were there. An allegation remains a mere allegation unless proved. Suspicion may be strong however cannot take the place of reality, are the settled principles kindly refer Dhakeshwari cotton Mills 26 ITR 775 (SC), Uma Charan Shaw v/s CIT 37 ITR 271 (SC). All the disallowances deserve deletion on this submission alone. M/s. Paliwal Jewellers. 3. Businessman is the best judge: It is settled that a businessman is the best judge to take care of its own interest & to take decisions and the AO is not supposed to intervene therein nor he can replace the ass…

DCIT, Jaipur vs. Shri Prateek Kothari, Jaipur

In the result, the appeal of the Revenue is dismissed

ITA 552/JPR/2017[2013-14]Status: DisposedITAT Jaipur10 Nov 2017AY 2013-14

Bench: The Hon’Ble High Court.”

For Appellant: Shri Vijay Goyal (CA)For Respondent: Prithviraj Meena (Addl. CIT) fu/kZkfjrh dh vksj ls@

Section 132(4)Section 68

…AO must decide the issue before him on a proper appreciation of evidence adduced during the course of assessment proceedings and not to be swayed and carried away under some report. Hon’ble Apex Court has held in the case of Dakeshwari Cotton Mills Ltd Vs CIT 26 ITR 775-“that one who hears must decide the case.” k) As regarding to disallowance of interest paid to M/s Mehul Gems Pvt. Ltd Rs. 8,10,000/- and M/s Ankita Exports Rs. 1,04,301/- this is to submit that the loan from M/s Mehul Gems Pvt. Ltd was taken in AY 2012-13 and in appeals the same has been accepted as genuine, therefore no interest on such loan ca…

ITO, Ward-31(1), Kolkata vs. M/S. Gita Enterprises, Kolkata

In the result, the appeal of the revenue is dismissed

ITA 1598/KOL/2014[2010-2011]Status: DisposedITAT Kolkata08 Nov 2017AY 2010-2011

For Appellant: Shri Sallong Yaden, Addl. CITFor Respondent: Shri U. Dasgupta, Advocate

Section 143(3)Section 144

…lar contractors have garnered a profit rate as deemed by him to justify the addition made by him @22.5% of the reported turnover. Additions made on conjectures are liable to be deleted. As has been held in the case of Dhakeswari Cotton Mills Ltd. v. CIT[1954] 26 ITR 775 (SC), Assessing Officer is not entitled to make a pure guess and make an assessment without reference to any evidence or any material at all. There must be something more than bare suspicion to support the assessment u/s 143(3). In this context I find that estimate, if resorted to, has to be based on some reliable evidence with a reliable data bas…

Eastern Sales Agencies, Mumbai vs. Pr CIT 22, Mumbai

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

ITA 2186/MUM/2017[2013-14]Status: DisposedITAT Mumbai01 Nov 2017AY 2013-14

Bench: Shri Shamim Yahyaआयकर अपील सं./I.T.A. No.2186/Mum/2015 ("नधा"रण वष" / Assessment Year: 2006-07) Mrs. Chitra Agarwal, Asst. Cit-16(1), बनाम/ C/O. Laxmi Ventures India Ltd. Mumbai 36/40, Mahalaxmi Bridge Arcade, Vs. Mahalaxmi, Mumbai-400 034 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaipa 3251 B (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri Haridas Bhat ""यथ" क" ओर से/Respondent By : Ms. Hemalatha

For Appellant: Shri Haridas BhatFor Respondent: Ms. Hemalatha

Section 143Section 147Section 69C

…e ignored by the authorities, but at the same time, human probability has to be the guiding principle, since the AO is not fettered, by technical rules of evidence, as held by the Hon'ble Supreme Court in the case of Dhakeswari Cotton Mills Ltd. v. CIT [1954] 26 ITR 775. The Hon'ble Supreme Court, in the case of Chuharmal (supra) held that what was meant by saying that Evidence Act did not apply to the proceedings under Income-tax Act, 1961, was that the rigours of Rules of evidence, contained in the Evidence Act was not applicable; but that did not mean that when the taxing authorities were desirous of invoking…

DCIT, New Delhi vs. Shri Anil Kapoor, New Delhi

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

ITA 1584/DEL/2011[2004-05]Status: DisposedITAT Delhi04 Oct 2017AY 2004-05

Bench: Sh. Amit Shukla & Sh. O.P. Kantassessment Year : 2004-05 Vs. Sh. Anil Kapoor, Kamal Cinema Dcit, Circle-24(1), Room No. 238-B, 2Nd Floor, C.R. Building, Building, Safdarjung Enclave, I.P. Estate, New Delhi New Delhi Pan : Aagpk0358P (Appellant) (Respondent)

Section 131Section 133ASection 143(2)Section 145(3)

…transactions which have been left to be entered in the books of account nor has it been proven that the appellant has sold the vehicles at a price higher than what is disclosed in the books of account. In the case of Dhakeswari Cotton Mills Ltd. V. CIT (1964) 26 ITR 775 (SC) the Hon’ble Supreme Court had held that once the books of accounts of the appellant are rejected then the profit has to be estimated on the basis of the material available. However, the assessing officer is not entitled to make a pure guesswork estimation without reference to any evidence or any material at all. There must be something more t…

Asst CIT 25(2), Mumbai vs. Pratiksha Shah, Mumbai

The appeals of the Revenue are dismissed

ITA 3479/MUM/2014[2006-07]Status: DisposedITAT Mumbai03 Oct 2017AY 2006-07

Bench: Shri Joginder Singh & Shri N.K. Pradhan

Section 132Section 132(1)Section 143(2)Section 153ASection 271(1)(c)

…आयकर अपील"य अ"धकरण, मुंबई "यायपीठ, सी, मुंबई। IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES “C”, MUMBAI "ी जो"ग"दर "संह, "या"यक सद"य एवं "ी एन. के. "धान, लेखा सद"य, के सम" Before Shri Joginder Singh, Judicial Member, and Shri N.K. Pradhan, Accountant Member ITA NOs.1422 & 1423/Mum/2010 Assessment Years: 2005-06 and 2006-07 Smt. Pratiksha Shah, ACIT, A-602, Ekta Milan, Central Cirle-11, बनाम/ Devki Nagar, Eksar Village, Aayakar Bhavan, Vs. Borivali (W), M. K. Road, Mumbai Mumbai-400020 ("नधा"रती /Assessee) (राज"व /Revenue) P.A. No.AAFPM4838D Assessment Year: 2005-06 ACIT-25(2), Smt. Pratiksha Shah, C-11,…

ACIT 25(2), Mumbai vs. Pratiksha B Shah, Mumbai

The appeals of the Revenue are dismissed

ITA 4655/MUM/2012[2005-06]Status: DisposedITAT Mumbai03 Oct 2017AY 2005-06

Bench: Shri Joginder Singh & Shri N.K. Pradhan

Section 132Section 132(1)Section 143(2)Section 153ASection 271(1)(c)

Pinaki Dineshkumar Panani, Mumbai vs. ACIT 25(3), Mumbai

ITA 1167/MUM/2017[2008-09]Status: HeardITAT Mumbai15 Sept 2017AY 2008-09

Bench: S/Sh. Rajendra & Ravish Soodआयकर अपील अपील संसंसंसं./I.T.A./1167/Mum/2017, िनधा"रण िनधा"रण वष" वष" /Assessment Year: 2008-09 आयकर आयकर आयकर अपील अपील िनधा"रण िनधा"रण वष" वष" Acit, -25(3) Smt. Pinaki Dineshkumar Panani Mumbai. 401, Mangal Villa, Tejpal Road, Vs. Vile Parle (E), Mumbai-400 057. Pan:Aijpp 0802 A (अपीलाथ" /Appellant) (""यथ" / Respondent) Revenue By: Shri Saurabh Kumar-Dr Assessee By: None सुनवाई क" तारीख / Date Of Hearing: 24/08/2017 घोषणा क" तारीख / Date Of Pronouncement: 15/09/2017 आयकर आयकर अिधिनयम अिधिनयम,1961 क" क" धारा धारा 254(1)केकेकेके अ"तग"त अ"तग"त आदेश आदेश आयकर आयकर अिधिनयम अिधिनयम क" क" धारा धारा अ"तग"त अ"तग"त आदेश आदेश Order U/S.254(1)Of The Income-Tax Act,1961(Act) लेखा लेखा सद"य लेखा लेखा सद"य सद"य राजे"" सद"य राजे"" राजे"" केकेकेके अनुसार राजे"" अनुसार अनुसार /Per Rajendra, Am- अनुसार Challenging The Order,Dated 23/12/2016,Of Cit(A)-37,Mumbai The Assessee Has Filed The Present Appeal.Assessee,An Individual,Filed Her Return Of Income On 19/09/2008,Declaring Income Of Rs.37.27 Lakhs.Initially The Return Was Processed U/S. 143(1) Of The Act.Subsequently,The Assessment Was Completed U/S.143(3) Of The Act,On 16/11/2010,Determining Her Income At Rs.31.80 Lakhs. On Receipt Of Information From Sales Department The Ao Re-Opened The Assessment,Invoking The Provisions Of Section 148 Of The Act. He Finalised The Assessment U/S.143(3) R.W.S 147 Of The Act On 4/3/16 Determining The Income Of The Assessee At Rs.70.16 Lakhs.

For Appellant: NoneFor Respondent: Shri Saurabh Kumar-DR

Section 143(1)Section 143(3)Section 148Section 254(1)

…king channel. In view of this factual matrix, the case of the assessee is fully covered by the decision from Hon'ble jurisdictional High Court in the case of CIT vs M/s Nikunj Exim Enterprises Pvt. Ltd. 372 ITR 619 (Bom.), Dhakeshwari Cotton Mills Ltd. vs CIT 26 ITR 775 (SC), Hital Chunilal Jain & Ors. (2016) 46 CCH 0020(Mum.) and DCIT vs Rajeev G. Kalathil (2014) 41 CCH 552 (Mum.). The Hon'ble High Court in the case of M/s Nikunj Eximp Enterprises Pvt. Ltd. (supra) held that merely because the suppliers could not be produced before the authorities but other relevant details have been filed to show that the trans…

Sukh Hotels Motels Pvt. Ltd., Mumbai vs. ITO, RG. -8(3)(2), Mumbai

In the result, the appeal is allowed for statistical purposes

ITA 1606/MUM/2015[2010-11]Status: DisposedITAT Mumbai15 Sept 2017AY 2010-11

Bench: Shri Saktijit Dey () & Shri N.K. Pradhan () Assessment Year: 2010-11 M/S Sukh Hotels Motels Pvt. Ito-8(3)(2) Ltd. Aaykar Bhavan, M.K. Vs. 5, Kings International House, Road, Mumbai-400020. Juhu Tara Road, Juhu, Mumbai-400049 Pan No. Aabcs1117J Appellant Respondent Assessee By : Mr. M. Subramanian, Ar Revenue By : Mr. M.C. Omi Ningshen, Dr Date Of Hearing : 19/06/2017 Date Of Pronouncement : 15/09/2017

For Appellant: Mr. M. Subramanian, ARFor Respondent: Mr. M.C. Omi Ningshen, DR

Section 133(6)Section 143(3)

…ce in support of its claim before the AO and Ld. CIT(A). Therefore, he supports the order passed by the Ld. CIT(A). 7. We have heard the rival submissions and perused the relevant materials on record. In the case of Dhakeswari Cotton Mills Ltd. vs. CIT (1954) 26 ITR 775 (SC), it is held that 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. There must be something more than bare suspicion to support the assessment. We are of the considered view that the contentious issues in the instant case could be resolved by examination…

ACIT Cir. 1, Kalyan vs. Shreya Trading Company, Bhiwandi

In the result, appeal filed by the assessee is partly allowed and the appeal of Revenue is dismissed

ITA 5364/MUM/2016[2010-11]Status: DisposedITAT Mumbai06 Sept 2017AY 2010-11

Bench: Shri P.K. Bansal, Vice- & Shri Pawan Singhm/S Shreya Trading Company Acit Circle-1 H. No. 1662, Saraswati Kalyan. Compound, Nr. Ganesh Society, Vs. Behind Apsara Cinema, Bhiwandi- 421302. Pan: Abjfs2817H (Appellant) (Respondent) Acit Circle-1 M/S Shreya Trading Company Kalyan. H. No. 1662, Saraswati Compound, Nr. Ganesh Society, Vs. Behind Apsara Cinema, Bhiwandi- 421302. Pan: Abjfs2817H (Appellant) (Respondent)

For Appellant: Shri Sunil M. Makhija (AR)For Respondent: Shri V.Vidhyadhar (DR)

Section 145(3)Section 147Section 253Section 254(1)

…ithout giving the basis for their fixation or without furnishing to the appellant the material on which the rate of gross profit is arrived at or without giving an opportunity to the assessee to rebut it are bad. [Dhakeswari Cotton Mills Ltd., v/s, CIT (1954) 26 ITR 775]. 5) On the facts and in the circumstances of the case and in law, the learned CIT(A) erred by neither applying any scientific method nor comparative net profit of similar type of business at the time of determining the net profit of the appellant ITA No.5051 & 5364/M/2016- M/s Shreya Trading Company after rejecting the books of account is Rs 2…

Shreya Trading Company, Bhiwandi vs. ACIT Cir. 1, Kalyan

In the result, appeal filed by the assessee is partly allowed and the appeal of Revenue is dismissed

ITA 5051/MUM/2016[2010-11]Status: DisposedITAT Mumbai06 Sept 2017AY 2010-11

For Appellant: Shri Sunil M. Makhija (AR)For Respondent: Shri V.Vidhyadhar (DR)

Section 145(3)Section 147Section 253Section 254(1)

Jaya Marketing, Mumbai vs. Addl CIT 12 (3), Mumbai

ITA 5131/MUM/2011[2005-06]Status: DisposedITAT Mumbai24 Aug 2017AY 2005-06

Bench: Shri R.C.Sharma, Am & Shri Sandeep Gosain, Jm M/S. Jaya Marketing Vs. Addl Cit 12 (3) Vtm Building, Gala No.2,3,4, Aayakar Bhavan 2Nd Floor, M.K.Road Mehra Compound Andheri-Kurla Road Churchgate Mumbai - 400056 Mumbai – 400 020 Pan/Gir No. Aadfj5774D Appellant) .. Respondent) M/S. Jaya Marketing Vs. Addl Cit 12 (3) Vtm Building, Gala No.2,3,4, Mumbai – 400 020 Mehra Compound Andheri-Kurla Road Mumbai - 400056 Pan/Gir No. Aadfj5774D Appellant) .. Respondent) M/S. Jaya Marketing Vs. Acit 12 (3) Vtm Building, Gala No.2,3,4, Mumbai – 400 020 Mehra Compound Andheri-Kurla Road Mumbai - 400056 Pan/Gir No. Aadfj5774D Appellant) .. Respondent)

Section 143(3)Section 145(3)Section 254(2)

…the principal. 23. In support of the fact that no discrepancy emanates out of the trading account, the rejection of books of accounts was not justified. Learned AR has relied on the following judicial pronouncements.  Dhakeshwari Cotton Mills Ltd Vs CIT (SC) 26 ITR 775  Omar Salay Mohd SaitVs CIT (SC) 37 ITR 151  Md. Umer Vs. Commissioner of Income-tax 101ITR 525 (Patna)  Commissioner of Income-tax Vs. Metro Shoes Ltd 306 ITR 130 (High Court of Bombay)  Commissioner of Income-tax V s. Paradise Holidays 325 ITR 13 (High Court of Delhi)  Commissioner of Income-tax Vs. Bindals Apparels 332ITR410 42-47 (High Co…

DCIT, Circle-2, Jaipur vs. M/S Pyramid Tradelinks Pvt. Ltd., Jaipur

In the result, the appeal of the Revenue is dismissed

ITA 512/JPR/2015[2011-12]Status: DisposedITAT Jaipur27 Jul 2017AY 2011-12

For Appellant: Shri P.C. Parwal (C.A.)For Respondent: Shri D.C. Kothari (CIT)

…आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, JAIPUR Jh dqy Hkkjr] U;kf;d lnL; ,oa Jh foØe flag ;kno] ys[kk lnL; ds le{k BEFORE: SHRI KUL BHARAT, JM & SHRI VIKRAM SINGH YADAV, AM vk;dj vihy la-@ITA No. 512/JP/15 fu/kZkj.k o"kZ@Assessment Year : 2011-12 cuke The DCIT, Circle-2, M/s Pyramid Tradelinks Pvt. Ltd., Vs. Jaipur. 513’ Sin Moon Chambers, Plot No. S-4, Kalwad Scheme, Near Ajmer Flyover, Jaipur. LFkk;h ys[kk la-@thvkbZvkj la-@PAN No.: AAECP9897M vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrhdh vksj ls@Assessee by : Shri P.C. Parwal (C.A.) jktLo dh vks…

ACIT, Meerut vs. M/S Arihant Pulication (India) Ltd., Meerut

The appeals of the Revenue are dismissed

ITA 5405/DEL/2013[2010-11]Status: DisposedITAT Delhi16 Jun 2017AY 2010-11

Bench: : Shri I.C. Sudhir & Shri L.P. Sahu

Section 145(3)

…Taxman 185 (P&H) (xii). Jaganmohan Reddy P. vs. Narasimham K.V.L. JJ, 62 ITR 528 (xiii). ST. Teresa’s Oil Mills vs. State of Kerla, 76 ITR 365 (Ker). (xiv). Jhandu Mal Tara Chand Rice Mills vs. CIT, 73 ITR 192(P&H) (xv). Dhakeshwari Cotton Mills Ltd. vs. CIT, 26 ITR 775(SC). The ld. AR further submitted that the AO has not pointed out any specific voucher which was not acceptable in his order. All the expenses entered in the books of accounts were supported by internal/external vouchers. It was submitted that adhoc disallowance is not permissible in the IT Act. Reliance is placed on the following decisions : IT…

ACIT, Cir-40, Kolkata vs. M/S Lumens India, Kolkata

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

ITA 257/KOL/2014[2010-2011]Status: DisposedITAT Kolkata09 Jun 2017AY 2010-2011

Bench: : Shri P.M Jagtap & Shri S.S.Viswanethra Ravi

Section 133ASection 143(2)

…identiary value is not attached with by the provisions of Section 133A of the Act. There is no corroborative material brought on record to make the addition. Suspicion however strong, cannot take form of evidence. In Dhakeswari Cotton Mills Ltd. v. CIT [1954] 26 ITR 775 (SC), the principle of law laid down by the Hon'ble Supreme Court is that in making the assessment under section 143, the Assessing Officer is not M/s.Lumens India entitled to make a pure guess and make an assessment without reference to any evidence or any material at all. There must be something more than bare suspicision to support the assessm…

DCIT, Circle - 2, Kolkata vs. M/S. Lmj Logistics Ltd., Kolkata

In the result, Revenue’s appeal stands partly allowed for statistical purpose

ITA 1800/KOL/2010[2007-08]Status: DisposedITAT Kolkata02 Jun 2017AY 2007-08

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year :2007-08

Section 143(3)Section 80Section 80BSection 80I

…ot carrying on the integrated activit9y of Handling, Transportation and storage of food grains for the assessment year under appeal. Hence, in view of the above submissions & relying on the decision of the Supreme Court in the case of Dhakeshwari Cotton Mills 26 ITR 775 (SC), which states the guideline that the Assessing Officer while making an assessment section 143(3), is not entitled to guess and make an assessment without reference to any evidence or any material at all which could well apply to the case of the appellant. The disallowance is therefore remains unsubstantiated and cannot be sustained.” The Rev…

S.R. Protiens Pvt. Ltd, Jaipur vs. DCIT, Jaipur

In the result, the disallowance of Rs 71,795 is hereby deleted

ITA 978/JPR/2016[2011-12]Status: DisposedITAT Jaipur31 May 2017AY 2011-12

For Appellant: Shri Shrawan Kumar Gupta (Adv.)For Respondent: Shri R.A. Verma (Addl.CIT)

Section 143(3)Section 234B

…आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, JAIPUR Jh dqy Hkkjr] U;kf;d lnL; ,oa Jh foØe flag ;kno] ys[kk lnL; ds le{k BEFORE: SHRI KUL BHARAT, JM & SHRI VIKRAM SINGH YADAV, AM vk;dj vihy la-@ITA No.978/JP/16 fu/kZkj.k o"kZ@Assessment Year : 2011-12 cuke M/s S.R. Proteins Pvt. Ltd., The DCIT-Circle-4, Jaipur. Vs. D-97, Shanti Sadan Ambabari, Jaipur. LFkk;h ys[kk la-@thvkbZvkj la-@PAN No.: AAICS0896F vihykFkhZ@Appellant izR;FkhZ@Respondent vk;dj vihy la-@ITA No.962/JP/16 fu/kZkj.k o"kZ@Assessment Year : 2011-12 cuke The ACIT, Circle-4, Jaipur. M/s S.R. Proteins…

Sh. Marghoob Alam, Noida vs. ITO, New Delhi

In the result, the appeal filed by the assessee is allowed

ITA 1138/DEL/2014[2005-06]Status: DisposedITAT Delhi05 May 2017AY 2005-06

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastava[Assessment Year: 2005-06] Shri Marghoob Alam Vs. The I.T.O 11, Green Market, Bara Tooti Chowk Ward 39(3) Sadar Bazar, Delhi Delhi (Pan: Aegpa 5747 Q) (Appellant) (Respondent)

For Appellant: Dr. Rakesh Gupta, AdvFor Respondent: Shri Rajesh Kumar, Sr.DR

Section 142(1)Section 68

…from the said bank account do not appear in the books of account of M/s Zeroplus which were produced before the A.O. It has been held in various decisions including that of the Hon'ble Supreme Court in the case of Dhakeshwari Cotton Mills Vs. CIT reported in 26 ITR 775 [SC] that presumptions and surmises, however strong may be, cannot be basis for addition. Since the assessee in the instant case, in our opinion, has proved beyond doubt that the account maintained with UTI Bank though stands in the name of the assessee actually belongs to the firm since the same has 12 been shown in the balance sheet of the partn…

M/S. Anila Industries Ltd., New Delhi vs. DCIT, New Delhi

In the result, the appeal of the assessee is allowed

ITA 3415/DEL/2014[2008-09]Status: DisposedITAT Delhi26 Apr 2017AY 2008-09

Bench: Shri N. K. Saini

For Appellant: Shri Sandeep Sapra, AdvFor Respondent: Shri Rajesh Kumar, Sr. DR

Section 133ASection 142Section 144ASection 245(4)Section 251Section 292CSection 68

…ws that inadequate opportunity was afforded to the appellant by the Assessing Officer and clause (d) Rule 46A(1) has been invoked.” 7. The reliance was placed on the following case laws: " Babu Lal Jain 176 ITR 411 (M.P.) " Dhakeswari Cotton Mills Ltd. Vs CIT 26 ITR 775 (WB) " J.T. (India) Exports Vs Union of India 177 CTR 108 (Del.) " Sona Builders Vs Union of India & Others 251 ITR 197 (SC) 8. The ld. CIT(A) forwarded the additional evidences furnished by the assessee to the AO who vide his remand report dated 07.12.2012 requested not to admit the additional evidences. The comment of the AO has been incorporate…

ACIT, Jaipur vs. Kulsum Malik, Jaipur

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

ITA 606/JPR/2016[2009-10]Status: DisposedITAT Jaipur25 Apr 2017AY 2009-10

For Appellant: Shri Vijay Goyal, CA and Shri Gulshan Agarwal, CAFor Respondent: Smt. Pratima Kaushik, CIT - DR fu/kZkfjrh dh vksj ls@

…thout bias- Tin Box Co. Vs CIT 249 ITR 216 (SC). It is also settled law that the AO must act honestly on the material before him and not vindictively, capriciously, or arbitrarily- Gurumukh Singh Vs CIT 12 ITR 393, 427 (FB), Dakeshwari Cotton Mills Ltd Vs CIT 26 ITR 775, 4. We have submitted the parlor wise chart before ld CIT(A) which consist the head to head comparison of expenses recorded on seized material and against which the expenses recorded in regular books of accounts. From the perusal of such chart the ld CIT(A) found that position of expenses as per seized paper viz a viz recorded in regular books of…