Gajjam China Yellappa v. ITO

370 ITR 671High Court2015#4355 most cited

What is Gajjam China Yellappa v. ITO authority for?

Statements recorded during search or survey under section 132, if not retracted, can form the sole basis for computing undisclosed income, but retracted statements cannot be the sole basis for such computation.

27

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2025.

Also referred to as

Gajjam China Yellappa v. ITO · section 132 · retracted statement · sole basis · undisclosed income · search · survey · onus of proof · assessment

Issues it is cited on

Judgments citing Gajjam China Yellappa v. ITO

ISHOO NARANG,HYDERABAD vs. DCIT CIRCLE -2(1), HYDERABAD

In the result, appeal filed by the assessee is allowed

ITA 450/HYD/2022[2014-15]Status: DisposedITAT Hyderabad25 Sept 2024AY 2014-15

Bench: Shri Manjunatha, G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.450/Hyd/2022 & S.A. No.1/Hyd/2024 (िनधा"रण वष"/Assessment Year: 2014-15) Ishoo Narang Vs. Dy. Cit Hyderabad Circle 2(1) Pan:Aaupn9082B Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Smt. Th Vijaya Lakshmi, Cit (Dr) सुनवाई की तारीख/Date Of Hearing: 19/08/2024 घोषणा की तारीख/Pronouncement: 25/09/2024 आदेश/Order Per Manjunatha, G. A.M This Appeal Filed By The Assessee Is Directed Against The Order Dated 15/07/2022 Of The Learned Cit (A)-Nfac Delhi, Relating To A.Y.2014-15. 2. The Assessee Has Raised The Following Grounds: “1. The Ld. Cit(A) Erred In Dismissing The Appeal. 2. The Ld.Cit(A) Erred In Holding That Al The Mandatory Preconditions Before Reopening Of Assessment U/S 147 Of The Act Were Duly Complied & Met With By The A.O.

For Appellant: Shri P Murali Mohan Rao, CAFor Respondent: : Smt. TH Vijaya Lakshmi, CIT (DR)
Section 10(38)Section 133ASection 147Section 68

…relied upon the decision of the Hon'ble Supreme Court in the case of CIT vs. S Kadar Khan & Sons (2012) 254 CTR 228 (S) and also the decision of the Hon'ble Telangana and Andhra Pradesh High Court in the case of Gajjam Chinna Yellappa and Ors. vs. ITO [(2015) 370 ITR 671 (AP)]. The learned Page 14 of 26 ITA No 450 of 2022 and SA NO 1 of 2024 Ishoo Narang Counsel for the assessee further submitted that the Assessing Officer made addition towards Long-Term Capital Gain only on the basis of general observation made by the I.T Department on the modes operandi of entry providers in Kolkata, but neither brought out…

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Gajjam China Yellappa v. ITO (370 ITR 671) — Cited in 27 Judgments | BharatTax