Glass Lines Equipments Company Ltd. v. CIT

253 ITR 454High Court2002#663 most cited

What is Glass Lines Equipments Company Ltd. v. CIT authority for?

The Assessing Officer cannot selectively accept parts of a statement or seized evidence that are favourable to the revenue while rejecting other parts favourable to the assessee without proper investigation; the evidence must be considered as a whole. Additions cannot be made based on mere presumptions or surmises without further inquiry.

150

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2018 to 2025.

Also referred to as

Glass Lines Equipments Co. Ltd. · 253 ITR 454 · seized papers interpretation · selective acceptance of evidence · rejection of evidence · on money receipts · search assessment · AO duty to investigate · statement under Section 132(4)

Also reported as

119 Taxmann.com 813

Issues it is cited on

Judgments citing Glass Lines Equipments Company Ltd. v. CIT

The ITO, Ward-3(3)(6), Ahmedabad vs. Shree Infrastructure, Ahmedabad

In the result, the appeal of the Revenue is dismissed

ITA 1416/AHD/2016[2011-12]Status: DisposedITAT Ahmedabad17 Jun 2022AY 2011-12

Bench: Shri P.M. Jagtap, Vice- & Ms. Madhumita Royassessment Year : 2011-12 Income-Tax Officer, Shree Infrastructure, Ward 3(3)(6), Vs 104, Sarthak Complex, Next To Ahmedabad Fun Republic Cinema, Satellite, Ahmedabad-380015 Pan : Abtfs 9550 P अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Revenue By : Shri Abhimanyu Singh Yadav, Sr Dr Assessee By : Shri P.M. Patel, Ca सुनवाई क" तार"ख/Date Of Hearing : 06/06/2022 घोषणा क" तार"ख /Date Of Pronouncement: 17/06/2022 आदेश/O R D E R Per P.M. Jagtap, Vice-: This Appeal Is Preferred By The Revenue Against The Order Of Learned Commissioner Of Income-Tax (Appeals)-3, Ahmedabad (“Cit(A)” In Short) Dated 16.03.2016 Whereby He Deleted The Additions Of Rs.1,58,36,330/- & Rs.60,00,000/- Made By The Assessing Officer On Account Of Disallowance Of Labour Expenses & Disallowance On Account Of Cash Payments Towards Land Development Agreement Respectively.

For Appellant: Shri P.M. Patel, CAFor Respondent: Shri Abhimanyu Singh Yadav, Sr DR
Section 143(2)

…ubsequent independent inquiry. Affidavits are placed on record and the contents of the said affidavits have remained uncontroverted. The same were not disproved or found to be false. If that be so Hon'ble Gujarat High Court in the case of Glass Line Equipment 253 ITR 454 has held that when affidavit was not controverted, it has to be taken as accepted. The appellant has been able to discharge its onus [63 TTJ 191 (Del.)] - Instrumed (India) International Vs. ITO and successfully shifted the burden to prove on revenues as has been held in [159 ITR 78 (SC)] - Orissa Corporation. The stand of appellant has support f…

Shri Ashok Dharendra, Jaipur vs. Deputy Commissioner of Income Tax, Jaipur

In the result, appeal of the assessee is allowed

ITA 256/JPR/2018[2015-16]Status: DisposedITAT Jaipur12 Apr 2022AY 2015-16

Bench: Shri Sandeep Gosain, Jm & Shri Rathod Kamlesh Jayantbhai, Am Vk;Dj Vihy La-@Ita No. 256/Jp/2018 Fu/Kzkj.K O"Kz@Assessment Year :2015-16 Shri Ashok Dharendra, Cuke D.C.I.T. 23, Shivraj Niketan Scheme, Vs. Central Circle-3, Gautam Marg, Nr Vaishali Jaipur. Nagar Circle, Jaipur. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Aavpd 6554 B Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri Manish Agarwal (Ca) Jktlo Dh Vksj Ls@ Revenue By : Shri S. Najmi (Cit-Dr) Lquokbz Dh Rkjh[K@ Date Of Hearing : 02/02/2022 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 12 /04/2022 Vkns'K@ Order Per: Sandeep Gosain, J.M. This Is An Appeal Filed By The Assessee Against The Order Of Ld. Cit(A)- 4, Jaipur Dated 01/12/2017 For The A.Y. 2015-16 In The Matter Of Order Passed U/S 143(3) Read With Section 153B(1)(B) Of The Income Tax Act, 1961 (In Short, The Act), Wherein Following Grounds Have Been Taken. “1. On The Facts & In The Circumstances Of The Case The Ld. Cit(A) Has Grossly Erred In Confirming The Addition Of Rs. 1,50,00,000/- Made In The Assessment Completed U/S 143(3) R.W.S. 153B(1)(B) Solely On The Basis Of Statements Recorded During The Course Of Search Which Stood Retracted By The Assessee Through An Affidavit Filed. Thus, The Addition Made Solely On The Basis Of Such Retracted Statements Deserves To Be Deleted.

For Appellant: Shri Manish Agarwal (CA)For Respondent: Shri S. Najmi (CIT-DR)
Section 132Section 143(3)Section 153B(1)(b)Section 3

…ettled law that the paper should be read as a whole. In the instant case the department has read the paper in the manner which suits to it and not considered the same in its entirety. In this regard reliance is placed on the following judicial pronouncements: 253 ITR 454 (Guj.) Glass Lines Equipments Co. Ltd. V/s CIT Interpretation of documents - Documents must be read as a whole. It is a well settled canon of interpretation that a document has to be read as a whole" it is not permissible to accept a part and ignore the rest of the document. 22 TW 684 Hissaria Brothers V/s ACIT (Jpr.) Held that the seized documen…

Late Vithaldas Khusaldas Mali, Na

In the result, the appeal of the assessee partly allowed

ITA 629/AHD/2017[1998-99]Status: DisposedITAT Surat11 Dec 2019AY 1998-99

Bench: Shri Sandeep Gosain & Shri O.P.Meena, Accoutant Member आ.अ.सं/.I.T.A No.629/Ahd/2017 "नधा"रण वष"/Assessment Year:1998-99 Late Shri Vithaldas Khushaldas बनाम Deputy Commissioner Of Mali, L/H Hasmukhbhai Income Tax, Navsari Circle- Vs. Vithaldas Mali Navsari Opp. Hanuman Temple, Mota Bazar, Navsari [Pan: Abopm 3924 E] अपीलाथ" Appellant ""यथ"/Respondent "नधा"रती क" ओर से /Assessee By Shri Hiren R. Vepari, Ca राज"व क" ओर से /Revenue By Mrs. Anupama Singla, Sr.D.R. सुनवाई क" तार"ख/ Date Of Hearing: 11.12.2019 उ"घोषणा क" तार"ख/Pronouncement On 11.12.2019 आदेश /O R D E R Per O. P. Meena Am: 1. This Appeal Filed By The Assessee Is Directed Against The Separate Orders Of Learned Commissioner Of Income Tax (Appeals)-Valsad, (In Short “The Cit (A)”) All Dated 03.02.2017 For The Assessment Year 1998-99 Passed By The Deputy Commissioner Of Income Tax, Navsari Circle- Navsari (Hereinafter Referred As “The Ao”). 2. Ground No.(I) & Ground No. (Ii) Regarding Reopening Of Assessment & Validity Of Assessment Is Not Pressed Before Us, Hence, Is Dismissed As Not Pressed.

…that they have not paid any money over and above the document price. The AO has chosen not to examine them and therefore, what is mentioned in the affidavit has to be accepted as laid down by the Hon’ble Gujarat High Court in the case of Glass Line Equipment 253 ITR 454 (Gujarat) the jurisdiction has followed the decision of Hon`ble Supreme Court in the case of Mehta Parikh & Co. 30 ITR 181 (SC). Further, such identical issue had arisen in the case of Ratan Corporation where the assessee had declared Rs. 1 crores as on-money. The Department did not make inquiry with shopkeepers who alleged to have paid on- Lat…

Shri Ratilal Khushaldas Mali, Na

In the result, the appeal of the assessee for A

ITA 2127/AHD/2014[1997-98]Status: DisposedITAT Surat11 Dec 2019AY 1997-98

Bench: Shri Sandeep Gosain & Shri O.P.Meena, Accoutant Member आ.अ.सं/.I.T.A No.1637,2123,2125,2127/Ahd/2014 िनधा"रण वष"/Assessment Year:1994-95,1995-96,1996-97 & 1997-98 Shri Ratilal Khushaldas Mali, Assistant Commissioner Of बनाम Opp. Hanuman Temple, Mota Income Tax, Navsari Vs. Bazar, Navsari Circle- Navsari Pan: [Adbpm 3081 F] अपीलाथ" Appellant ""यथ"/Respondent Shri Hiren R. Vepari, Ca िनधा"रती क" ओर से /Assessee By राज"व क" ओर से /Revenue By Mrs. Anupama Singla, Sr.(Dr) सुनवाई क" तारीख/ Date Of Hearing: 04.12.2019 उ"ोषणा क" तारीख/Pronouncement On 11.12.2019

Section 143Section 147Section 254

…is mentioned in the affidavit Ratilal K Mali v. ACIT- Navsari/ I.T.A.No. 1637, 2123, 2125 &, 2127/AHD/2014/A.Y. 94-95, 95-96, 96-97 & 97-98 Page 33 of 34 has to be accepted as laid down by the Hon’ble Gujarat High Court in the case of Glass Line Equipment 253 ITR 454 (Gujarat) the jurisdiction has followed the decision of Hon`ble Supreme Court, in the case of Mehta Parikh & Co. 30 ITR 181 (SC), In such circumstances, such addition is not tenable in law. Accordingly, this ground of appeal is allowed in favour of the assessee. 50. Ground No. (IV) relates to addition of on-money of Rs.1,00,854. 51. We have heard…

Shri Ratilal Khushaldas Mali, Na

In the result, the appeal of the assessee for A

ITA 2125/AHD/2014[1996-97]Status: DisposedITAT Surat11 Dec 2019AY 1996-97

Bench: Shri Sandeep Gosain & Shri O.P.Meena, Accoutant Member आ.अ.सं/.I.T.A No.1637,2123,2125,2127/Ahd/2014 िनधा"रण वष"/Assessment Year:1994-95,1995-96,1996-97 & 1997-98 Shri Ratilal Khushaldas Mali, Assistant Commissioner Of बनाम Opp. Hanuman Temple, Mota Income Tax, Navsari Vs. Bazar, Navsari Circle- Navsari Pan: [Adbpm 3081 F] अपीलाथ" Appellant ""यथ"/Respondent Shri Hiren R. Vepari, Ca िनधा"रती क" ओर से /Assessee By राज"व क" ओर से /Revenue By Mrs. Anupama Singla, Sr.(Dr) सुनवाई क" तारीख/ Date Of Hearing: 04.12.2019 उ"ोषणा क" तारीख/Pronouncement On 11.12.2019

Section 143Section 147Section 254

…is mentioned in the affidavit Ratilal K Mali v. ACIT- Navsari/ I.T.A.No. 1637, 2123, 2125 &, 2127/AHD/2014/A.Y. 94-95, 95-96, 96-97 & 97-98 Page 33 of 34 has to be accepted as laid down by the Hon’ble Gujarat High Court in the case of Glass Line Equipment 253 ITR 454 (Gujarat) the jurisdiction has followed the decision of Hon`ble Supreme Court, in the case of Mehta Parikh & Co. 30 ITR 181 (SC), In such circumstances, such addition is not tenable in law. Accordingly, this ground of appeal is allowed in favour of the assessee. 50. Ground No. (IV) relates to addition of on-money of Rs.1,00,854. 51. We have heard…

Shri Ratilal Khushaldas Mali, Na

In the result, the appeal of the assessee for A

ITA 2123/AHD/2014[1995-96]Status: DisposedITAT Surat11 Dec 2019AY 1995-96

Bench: Shri Sandeep Gosain & Shri O.P.Meena, Accoutant Member आ.अ.सं/.I.T.A No.1637,2123,2125,2127/Ahd/2014 िनधा"रण वष"/Assessment Year:1994-95,1995-96,1996-97 & 1997-98 Shri Ratilal Khushaldas Mali, Assistant Commissioner Of बनाम Opp. Hanuman Temple, Mota Income Tax, Navsari Vs. Bazar, Navsari Circle- Navsari Pan: [Adbpm 3081 F] अपीलाथ" Appellant ""यथ"/Respondent Shri Hiren R. Vepari, Ca िनधा"रती क" ओर से /Assessee By राज"व क" ओर से /Revenue By Mrs. Anupama Singla, Sr.(Dr) सुनवाई क" तारीख/ Date Of Hearing: 04.12.2019 उ"ोषणा क" तारीख/Pronouncement On 11.12.2019

Section 143Section 147Section 254

…is mentioned in the affidavit Ratilal K Mali v. ACIT- Navsari/ I.T.A.No. 1637, 2123, 2125 &, 2127/AHD/2014/A.Y. 94-95, 95-96, 96-97 & 97-98 Page 33 of 34 has to be accepted as laid down by the Hon’ble Gujarat High Court in the case of Glass Line Equipment 253 ITR 454 (Gujarat) the jurisdiction has followed the decision of Hon`ble Supreme Court, in the case of Mehta Parikh & Co. 30 ITR 181 (SC), In such circumstances, such addition is not tenable in law. Accordingly, this ground of appeal is allowed in favour of the assessee. 50. Ground No. (IV) relates to addition of on-money of Rs.1,00,854. 51. We have heard…

Shri Ratilal Khushaldas Mali, Na

In the result, the appeal of the assessee for A

ITA 1637/AHD/2014[1994-95]Status: DisposedITAT Surat11 Dec 2019AY 1994-95

Bench: Shri Sandeep Gosain & Shri O.P.Meena, Accoutant Member आ.अ.सं/.I.T.A No.1637,2123,2125,2127/Ahd/2014 िनधा"रण वष"/Assessment Year:1994-95,1995-96,1996-97 & 1997-98 Shri Ratilal Khushaldas Mali, Assistant Commissioner Of बनाम Opp. Hanuman Temple, Mota Income Tax, Navsari Vs. Bazar, Navsari Circle- Navsari Pan: [Adbpm 3081 F] अपीलाथ" Appellant ""यथ"/Respondent Shri Hiren R. Vepari, Ca िनधा"रती क" ओर से /Assessee By राज"व क" ओर से /Revenue By Mrs. Anupama Singla, Sr.(Dr) सुनवाई क" तारीख/ Date Of Hearing: 04.12.2019 उ"ोषणा क" तारीख/Pronouncement On 11.12.2019

Section 143Section 147Section 254

…is mentioned in the affidavit Ratilal K Mali v. ACIT- Navsari/ I.T.A.No. 1637, 2123, 2125 &, 2127/AHD/2014/A.Y. 94-95, 95-96, 96-97 & 97-98 Page 33 of 34 has to be accepted as laid down by the Hon’ble Gujarat High Court in the case of Glass Line Equipment 253 ITR 454 (Gujarat) the jurisdiction has followed the decision of Hon`ble Supreme Court, in the case of Mehta Parikh & Co. 30 ITR 181 (SC), In such circumstances, such addition is not tenable in law. Accordingly, this ground of appeal is allowed in favour of the assessee. 50. Ground No. (IV) relates to addition of on-money of Rs.1,00,854. 51. We have heard…