How many judgments cite Fakir Mohmed Haji Hasan v. CIT?

136 judgments on BharatTax cite Fakir Mohmed Haji Hasan v. CIT (247 ITR 290), spanning 2015 to 2026.

Which sections of the Income Tax Act does Fakir Mohmed Haji Hasan v. CIT come up under?

It is most often cited in judgments turning on Section 115BBE, Section 68, Section 145(3), Section 143(3), Section 153A, Section 144.

Fakir Mohmed Haji Hasan v. CIT

247 ITR 290High Court2001#751 most cited

What is Fakir Mohmed Haji Hasan v. CIT authority for?

Income deemed under sections 68, 69, 69A, 69B, or 69C of the Income-tax Act is a distinct category, separate from regular heads of income under Section 14, and losses from other heads, including business losses, cannot be set off against such deemed income.

136

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2015 to 2026.

Also referred to as

Fakir Mohmed Haji Hasan v. CIT · 247 ITR 290 · Section 68 · Section 69 · Section 115BBE · Section 71 · deemed income · unexplained investments · set off of losses · business loss set off

Also reported as

120 Taxmann 11

Sections most often in play

Section 115BBE Section 68 Section 145(3)Section 143(3)Section 153A Section 144 Section 142(1)Section 153D

Issues it is cited on

section 155bbe section 69d section 66 set off of losses section 40(b)section 155 section 69b survey under section 133a preponderance of probability profits and gains of business or profession section 115bb section 115b

Judgments citing Fakir Mohmed Haji Hasan v. CIT

MUHAMMED ARIF SHAIKH,VEJALPUR vs. ASST. UNIT. INCOME TAX DEPT. (PRESENT JURI. - ITO, WARD 3(3)(2) AHMEDABAD), VEJALPUR

In the result, the appeal filed by the Assessee is hereby allowed

ITA 1806/AHD/2025[2018-19]Status: DisposedITAT Ahmedabad25 Feb 2026AY 2018-19

Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)

Section 131Section 143Section 143(1)Section 147Section 148Section 148A

…tent stand by invoking section 69C and applying the special tax rate under section 115BBE, which is statutorily mandated. There is no infirmity in invoking section 115BBE on income deemed under section 69C, as affirmed in CIT v. Fakir Mohmed Haji Hasan [2001] 247 ITR 290 (Guj), where it was held that unexplained cash credits or unexplained investments are deemed to be income and subject to higher rate of taxation. 5.6. In conclusion, considering the factual matrix, the legal position, and the conduct of the assessee, it is clear that the addition of Rs.17,52,838/- made under section 69C is based on sound reasonin…

P R & CO.,GOBICHETTIPALAYAM vs. ITO, WARD-2(1), ERODE

In the result, the appeal of the assessee is allowed and the Stay

ITA 3676/CHNY/2025[2017-18]Status: DisposedITAT Chennai13 Jan 2026AY 2017-18

Section 250Section 68

…t for the purpose of making addition u/s. 68 of the Act, it is not mandatory for the A.O to reject the books of accounts. The Ld. DR in this regard relied on the decision of the Hon'ble Gujarat High Court in the case of Fakir Mohamod Haji Hasan vs. CIT [2001] 247 ITR 290 (Guj.) to submit that section 68 operates independently and the A.O has added only the unexplained portion without disturbing the overall books. The ld DR submitted that in the present case since the assessee has not discharged the onus of explaining the source of cash deposit SBN, the FAA has correctly confirmed the addition made by the A.O. The…

SANJAY KUMAR KARNANI,JAIPUR vs. ACIT, CENTRAL CIRCLE-3, JAIPUR, JAIPUR

In the result, all appeals of the assessee are disposed off in terms of

ITA 673/JPR/2025[2016-17]Status: DisposedITAT Jaipur15 Oct 2025AY 2016-17

Bench: AO on 12-04-2021 18. Reply filed before AO on 15-07-2021 19. Additional Written Submissions filed before CIT(A) for AY 2014-15 on 11-11-2024 20. Written Submissions filed before CIT(A) for AY 2014-15 21. Written Submissions filed before CIT(A) for AY 2015-16 on 10-10-2024 22. Written Submissions filed before CIT(A) for AY 2016-17 on 10-10-2024 23. Written Submissions filed before CIT(A) for AY 2017-18 on 15-10-2024 24. Written Submissions filed before CIT(A) for AY 2018-19 on 15-10-2024 25.

For Appellant: Shri Deepak Sharma, AdvFor Respondent: Mrs. Alka Gautam, CIT

Section 153ASection 250Section 68

…emed income is not income from salary, house property, profits and gains of business or profession, or capital gains, nor is it income from 'other sources' Held, yes. [Fakir Mohmed Haji Hasan v. Commissioner of Income-tax [2002] 120 Taxman 11 (Gujarat)/[2001] 247 ITR 290 (Gujarat)/[2001] 165 CTR 111 (Gujarat) (10-08-2000]] These are the special provisions dealing with the situation and the incomes which are the subject matter of the contention in the appeal and being the specific provisions they are preferred and override the general provisions. Sections 68/69/69A etc. also provides for year of taxation of asset/…

SANJAY KUMAR KARNANI,JAIPUR vs. ACIT, CENTRAL CIRCLE-3, JAIPUR, JAIPUR

In the result, all appeals of the assessee are disposed off in terms of

ITA 672/JPR/2025[2015-16]Status: DisposedITAT Jaipur15 Oct 2025AY 2015-16

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

For Appellant: Shri Deepak Sharma, AdvFor Respondent: Mrs. Alka Gautam, CIT

Section 153ASection 250Section 68

SHRI AMBICA GARMENTS, JODHPUR,JODHPUR vs. ACIT, CENTRAL CIRCLE-3, JAIPUR, JAIPUR

In the result, all appeals of the assessee are disposed off in terms of

ITA 61/JPR/2025[2019-20]Status: DisposedITAT Jaipur15 Oct 2025AY 2019-20

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

For Appellant: Shri Deepak Sharma, AdvFor Respondent: Mrs. Alka Gautam, CIT

Section 153ASection 250Section 68

SHRI AMBICA GARMENTS, JODHPUR,JODHPUR vs. ACIT, CENTAL CIRCLE-3, JAIPUR, JODHPUR

In the result, all appeals of the assessee are disposed off in terms of

ITA 59/JPR/2025[2017-18]Status: DisposedITAT Jaipur15 Oct 2025AY 2017-18

For Appellant: Shri Deepak Sharma, AdvFor Respondent: Mrs. Alka Gautam, CIT

Section 153ASection 250Section 68

SHRI AMBICA GARMENTS, JODHPUR,JODHPUR vs. ACIT, CENTAL CIRCLE-3, JAIPUR, JAIPUR

In the result, all appeals of the assessee are disposed off in terms of

ITA 57/JPR/2025[2015-16]Status: DisposedITAT Jaipur15 Oct 2025AY 2015-16

For Appellant: Shri Deepak Sharma, AdvFor Respondent: Mrs. Alka Gautam, CIT

Section 153ASection 250Section 68

SHRI AMBICA GARMENTS,JODHPUR vs. ACIT, CENTAL CIRCLE-3, JAIPUR

ITA 56/JPR/2025[2014-15]Status: DisposedITAT Jaipur15 Oct 2025AY 2014-15

For Appellant: Shri Deepak Sharma, AdvFor Respondent: Mrs. Alka Gautam, CIT

Section 153ASection 250Section 68

…e Act. These sections 68/69/69A etc. along with section 115BBE are in the nature of complete code in itself. In this regard it is held by Hon'ble Gujarat High Court in Fakir Mohmed Haji Hasan v. Commissioner of Income-tax [2002] 120 Taxman 11 (Gujarat)/[2001] 247 ITR 290 (Gujarat)/[2001] 165 CTR 111 (Gujarat) [10-(Gujarat)/[2001] 247 ITI 08-2000] that "6.2 The opening words of section 14 'Save as otherwise provided by this Act' clearly leave scope for 'deemed income' of the nature covered under the scheme of sections 69, 69A, 69B and 69C being treated separately, because such deemed income is not income from sala…

SUHASIT STAR TRADING PRIVATE LIMITED,MUMBAI vs. ITO, WARD-15(3)(4), MUMBAI

In the result, the appeal of the assessee and that of\nthe Revenue are dismissed

ITA 4623/MUM/2023[2017-18]Status: DisposedITAT Mumbai09 Oct 2025AY 2017-18

For Appellant: \nShri Neeraj Mangla,AR (Virtually appear)For Respondent: \nMs. Kavita Kaushik, (Sr. DR)

Section 115BSection 133(6)Section 143(1)Section 143(2)Section 143(3)Section 68

…. These sections 68/69/69A etc. along\nwith section 115BBE are in the nature of complete code in itself. In this\nregard, it is held by Hon'ble Gujarat High Court in Fakir Mohmed Haji\nHasan v. Commissioner of Income-tax [2002] 120 Taxman 11\n(Gujarat)/[2001] 247 ITR 290 (Gujarat)/[2001] 165 CTR 111 (Gujarat)\n[10-08-2000o] that,\n“6.2 The opening words of section 14 'Save as otherwise provided by this\nAct' clearly leave scope for ‘deemed income' of the nature covered under the\nscheme of sections 69, 69A, 69B and 69C being treated separately, because\nsuch deemed income is not income from salary house property,…

RADHESHYAM PAPER MILLS PRIVATE LIMITED,LILAPAR ROAD,LILAPAR vs. PCIT-RAJKOT-1,INCOME TAXDEPARTMENT,OFFICE OF THE PRINCIPAL COMMISSIONER OF INCOME TAX,PCIT-RAJKOT-1, AAYKAR BHAVAN RING ROAD RACE COURSE RAJKOT

In the result, appeal OF the assessee is allowed

ITA 243/RJT/2024[2019-20]Status: DisposedITAT Rajkot17 Sept 2025AY 2019-20

Bench: DR. ARJUN LAL SAINI (Accountant Member), SHRI DINESH MOHAN SINHA (Judicial Member)

For Appellant: Shri P.J. Raiyani, Ld.A.RFor Respondent: Smt. Pallavi, Ld.CIT-D.R

Section 115BSection 143(3)Section 263Section 56Section 69Section 69B

…r passed by the Assessing officer be restored. 3. On the facts and circumstance and on law the PCIT, Rajkot-1 has erred in initiating revision petition under section 263 by referring to the decision of this court in the case of Fakir Mohmed Haji Hasan, [2001] 247 ITR 290 which was relied upon by the learned PCIT, it was submitted that in a later decision in the case of Krishna Textiles v. CIT, this court had categorically found that the observations made therein were obiter in relation to the provisions of sections 69A, 69B and 69C of the Act, as the dispute was only in relation to the provisions of section 69 of…

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 2(4), BENGALURU, BANGALORE vs. M/S MRK GOLD LLP, BANGALORE

ITA 1026/BANG/2025[2020-21]Status: DisposedITAT Bangalore24 Jul 2025AY 2020-21

Bench: Shri. Laxmi Prasad Sahu & Shri. Soundararajan Kassessment Year : 2020-21

For Appellant: Shri. Narendra Kumar J Jain, AdvocateFor Respondent: Shri. R. Rajamanohar, JCIT(DR)(ITAT), Bangalore

Section 115BSection 133ASection 143(1)Section 69B

…s "whether the CIT(A)-2, Udaipur has erred in directing the AO to assess the unexplained investment surrendered by the assessee under the head "income from Business" ignoring the decision of the Hon'ble Gujarat High Court in the case of Fakir Mohd. Hazi Hasan 247 ITR 290 that unaccounted income ought to be categorized under the residuary head of 'Income from other sources. In respect to the said issue, the findings of the Coordinate Bench are as follows: "We have heard the rival contentions and perused the material available on record. Undisputed facts emerged from the record that at the time of survey excess sto…

SHARAD SHAMRAO SAWANT ,SANGLI vs. ASSESTANT COMISSIONER OF INCOME TAX CENTRAL CIRCLE KOLHAPUR, KOLHAPUR

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

ITA 2626/PUN/2024[2019-20]Status: DisposedITAT Pune20 Jun 2025AY 2019-20

Bench: Shri Manish Borad & Ms. Astha Chandra

For Appellant: Shri Umeshkumar M. MaliFor Respondent: Shri Manish Mehta

Section 133ASection 143(2)Section 143(3)Section 69A

…आयकर अपीलीय अधिकरण “बी” न्यायपीठ पुणे में । IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, PUNE BEFORE SHRI MANISH BORAD, ACCOUNTANT MEMBER AND MS. ASTHA CHANDRA, JUDICIAL MEMBER आयकर अपील सं. / ITA No.2626/PUN/2024 धििाारण वर्ा / Assessment Year : 2019-20 Sharad Shamrao Sawant, Assistant Commissioner of Aaditya Hospital, Main Chowk, Income Tax, Vishrambag, Sangli-416416 Vs. Central Circle, Kolhapur PAN : AQAPS3739G अपीलार्थी / Appellant प्रत्यर्थी / Respondent Assessee by : Shri Umeshkumar M. Mali Department by : Shri Manish Mehta Date of hearing : 14-05-2025 Date of 20-06-2025 Pronouncement : आदेश / ORDER PE…

HORIZON DREAM HOMES PRIVATE LIMITED,MUMBAI vs. ASSISSTANT COMMISSIONER 12(2)(2), MUMBAI

In the result the appeal filed by the assessee is partly\nallowed for statistical purposes

ITA 5934/MUM/2024[2011-12]Status: DisposedITAT Mumbai08 May 2025AY 2011-12

Section 14Section 143(1)Section 143(2)Section 143(3)Section 148Section 154Section 156Section 68

…d the circular referred to by the assessee is not applicable\nto the year under consideration when Section 115BBE was\nnot in the statute. In fact it is relevant to cite the decisiori of\nthe Gujarat High Court in the case of Fakir Mohmed Haji\nHasan Vs. CIT (247 ITR 290) and Kerala High Court in the\ncase of CIT Vs. Kerala Sponge Irons Ltd reported in 379 ITR\n330 wherein it was held that income determined u/s.68 and\nsuch other sections beyond Section 57 of the Act does not fall\nin the ambit of nature of income specified in Section 14 of the\nAct as the source of such receipts are not proved. Accordingly\nthe…

KATH BROTHERS,JAIPUR vs. ACIT, CENTRAL CIRCLE-3, JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed

ITA 77/JPR/2025[2019-20]Status: DisposedITAT Jaipur28 Apr 2025AY 2019-20

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

For Appellant: Sh. Shrawan Kumar Gupta, AdvFor Respondent: Sh. Anoop Singh, Addl. CIT

Section 115BSection 133ASection 143(2)Section 143(3)Section 145(3)Section 234ASection 69

…s "whether the CIT(A)-2, Udaipur has erred in directing the AO to assess the unexplained investment surrendered by the assessee under the head "income from Business" ignoring the decision of the Hon'ble Gujarat High Court in the case of Fakir Mohd. Hazi Hasan 247 ITR 290 that unaccounted income ought to be categorized under the residuary head of 'Income from other sources'. In respect to the said issue, the findings of the Coordinate Bench are as follows: "We have heard the rival contentions and perused the material available on record. Undisputed facts emerged from the record that at the time of survey excess st…

KIRAN FINE JEWELLERS PRIVATE LIMITED,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2,, JAIPUR

In the result ground no 2 raised by the assessee is allowed

ITA 648/JPR/2024[2017-18]Status: DisposedITAT Jaipur25 Feb 2025AY 2017-18

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

For Appellant: Sh. S. R. Sharma, CA &For Respondent: Sh. P. P. Meena, CIT-Th. V.H

Section 115BSection 143(3)Section 145(3)Section 68Section 69A

…eemed income is not income from salary, house property, profits and gains of business or profession, or capital gains, nor is it income from other sources' Held, yes. [Fakir Mohmed Haji Hasan v. Commissioner of Income-tax [2002] 120 Taxman 11 (Gujarat)/[2001] 247 ITR 290 (Gujarat)/[2001] 165 CTR 111 (Gujarat) [10-08-2000]| 52 Kiran Fine Jewellers Pvt. Ltd. vs. DCIT These are the special provisions dealing with the situation and the incomes which are the subject matter of the contention in the appeal and being the specific provisions they are preferred and override the general provisions. Sections 68/69/69A et…

POOJA EQUIRESEARCH PVT LTD,MUMBAI vs. DCIT, CENTRAL CIRCLE 8(2), MUMBAI

In the result, appeal of the assessee stands allowed

ITA 5941/MUM/2024[2011-12]Status: DisposedITAT Mumbai25 Feb 2025AY 2011-12

Bench: Shri Narender Kumar Choudhry, Jm & Shri Prabhash Shankar, Am आयकर अपील सं./Ita No.5941/Mum/2024 (निर्धारण वर्ा / Assessment Year :2011-2012) Pooja Equiresearch Pvt. Ltd., Vs. Dcit, Central Circle-8(2), B-101, Hari Darshan Bhogilal Mumbai Phadia Road, Kandivali (West) स्थायी लेखा सं./Pan No. : Aaacp 6499 F (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्ाारिती की ओर से /Assessee By : Ms. Dinkle Hariya & Ms. Shruti Kalyanikar राजस्व की ओर से /Revenue By : Shri Mahesh Pamnani, Sr.Dr

For Appellant: Ms. Dinkle Hariya & MsFor Respondent: Shri Mahesh Pamnani, Sr.DR

Section 133(6)Section 147Section 148Section 250Section 68

…this 1,26,00,000 order No business loss is set off against the addition made u/s 68 of the Act being deemed income which was not recorded in books of accounts. Reliance is placed on decision of Hon'ble Gujarat High Court "Fakir Mohmed Haji Hasan Vs. CIT[2001] 247 ITR 290/[2002] 120 Taxman 11 and decision on Hon'ble ITAT Chennai (ITA No 325/Mds./2015 dated 06.04.2016 DCIT Vs M/s Shree Karthik Papers Ltd.). Tax has to be calculated as per the provision of section of 115BBE of the Act. Penalty u/s 271(1)(c) of the Act is initiated for concealment of income. 11. Assessed u/s 143(3) r.w.s. 147 of the Act, Charge inter…

DCIT, JAIPUR vs. AMRAPALI JEWELS PVT. LTD. , JAIPUR

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

ITA 740/JPR/2024[2021]Status: DisposedITAT Jaipur19 Feb 2025

Bench: Him.

For Appellant: Sh. Sanjay Jhanwar, Sr. AdvFor Respondent: Mrs. Alka Gautam, CIT-DR

Section 143(3)Section 145(3)Section 153DSection 251Section 69B

…eemed income is not income from salary, house property, profits and gains of business or profession, or capital gains, nor is it income from other sources' Held, yes. [Fakir Mohmed Haji Hasan v. Commissioner of Income-tax [2002] 120 Taxman 11 (Gujarat)/(2001] 247 ITR 290 (Gujarat)/[2001] 165 CTR 111 (Gujarat)(10-08-2000]| These are the special provisions dealing with the situation and the incomes which are the subject matter of the contention in the appeal and being the specific provisions they are preferred and override the general provisions. Sections 68/69/69A etc. also provides for year of taxation of asset/c…

JAGDISH KUMAR ARORA,BHAWANIMANDI vs. DCIT, CENTRAL CIRCLE- KOTA, KOTA

In the result, the appeal of the assessee is allowed

ITA 1195/JPR/2024[2017-18]Status: DisposedITAT Jaipur11 Feb 2025AY 2017-18

Bench: SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member), SHRI NARINDER KUMAR (Judicial Member)

For Appellant: Sh. Shrawan Kumar Gupta, AdvFor Respondent: Mrs. Anita Rinesh, JCIT-Sr. DR

Section 115BSection 143(3)Section 145(3)Section 234ASection 69

…emed income is not income from salary, house property, profits and gains of business or profession, or capital gains, nor is it income from 'other sources' Held, yes. [Fakir Mohmed Haji Hasan v. Commissioner of Income-tax [2002] 120 Taxman 11 (Gujarat)/[2001] 247 ITR 290 (Gujarat)/[2001] 165 CTR 111 (Gujarat) [10-08-2000]] These are the special provisions dealing with the situation and the incomes which are the subject matter of the contention in the appeal and being the specific provisions they are preferred and override the general provisions. Sections 68/69/69A etc. also provides for year of taxation of asse…

BAL REDDY KANDUNURI,ADILABAD vs. ACIT, CENTRAL CIRCLE-2(4), HYDERABAD

In the result, appeal of the assessee is allowed

ITA 1203/HYD/2024[2020-21]Status: DisposedITAT Hyderabad28 Jan 2025AY 2020-21

Bench: Shri G. Manjunatha & Shri K. Narasimha Chary

For Appellant: Shri A.V. Raghuram, ARFor Respondent: Dr. Sachin Kumar, Sr. AR

Section 115BSection 131Section 132ASection 153ASection 69A

…s "whether the CIT(A)-2, Udaipur has erred in directing the AO to assess the unexplained investment surrendered by the assessee under the head "income from Business" ignoring the decision of the Hon'ble Gujarat High Court in the case of Fakir Mohd. Hazi Hasan 247 ITR 290 that unaccounted income ought to be categorized under the residuary head of 'Income from other sources'. In respect to the said issue, the findings of the Coordinate Bench are as follows: "We have heard the rival contentions and perused the material available on record. Undisputed facts emerged from the record that at the time of survey excess st…

DY.COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, AURANGABAD, AURANGABAD vs. SHRI. BALAJI RAMCHANDRA ANDE, LATUR

In the result, appeal of the Revenue dismissed

ITA 625/PUN/2024[2018-19]Status: DisposedITAT Pune21 Jan 2025AY 2018-19

Bench: Shri Rama Kanta Panda & Ms. Astha Chandra

For Appellant: Shri Sharad A Shah And Shri Rohit S TapadiyaFor Respondent: Shri Ramnath P Murkunde

Section 115BSection 131Section 133ASection 143(2)Section 68Section 69ASection 69BSection 69C

…IN THE INCOME TAX APPELLATE TRIBUNAL PUNE “A” BENCH : PUNE BEFORE SHRI RAMA KANTA PANDA, VICE PRESIDENT AND MS. ASTHA CHANDRA, JUDICIAL MEMBER I.T.A.No.625/PUN./2024 [E-APPEAL] Assessment Year 2018-2019 The DCIT, Shri Balaji Ramchandra Ande, Central Circle-1, 15, Ande Niwas, Adarsh Aayakar Bhavan, Near Colony, Ausa Road, vs. English Holly Cross High LATUR – 413 512. School, Contonment Area, Maharashtra. AURANGABAD – 431001. PAN AANPA4348N Maharashtra. (Appellant) (Respondent) For Revenue : Shri Ramnath P Murkunde For Assessee : Shri Sharad A Shah And Shri Rohit S Tapadiya Date of Hearing : 02.01.2025 Date of…

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