J.S. Parkar v. V.B. Palekar

94 ITR 616High Court1974#1972 most cited

What is J.S. Parkar v. V.B. Palekar authority for?

An assessee found to be the owner of bullion, etc., must explain its source. The Income Tax Officer must find the assessee to be the owner, not merely in possession.

58

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2011 to 2026.

Also referred to as

J.S. Parkar v. V.B. Palekar · 94 ITR 616 · Section 69A · unexplained money · ownership · possession · onus of proof · Income Tax Officer finding · bullion

Sections most often in play

Section 5(2)Section 9Section 6Section 147Section 5Section 149(1)(c)Section 234ASection 234B

Issues it is cited on

section 110section 2(7)undisclosed foreign income and assetsplace of effective managementsection 149(1)(c)section 56(2)(vii)(c)section 6(1)survey under section 133asection 56(1)panchnamasection 9(1)(i)section 250(4)

Judgments citing J.S. Parkar v. V.B. Palekar

M/S.Popular Finance, Pathanamthitta vs. The ACIT, Circle-1, Thiruvalla

In the result, the appeals of the Revenue are partly allowed for statistical purposes

ITA 203/COCH/2019[2014-15]Status: DisposedITAT Cochin03 Dec 2019AY 2014-15

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 143(2)Section 143(3)Section 263Section 37(1)

…be explained on the ground that the assessee was carrying on a lawful business in gold, silver and jewellery and committed an infraction of the law in smuggling gold into the country. Our attention has also been invited to J.S. Parkar vs. V.B. Palekar [1974] 94 ITR 616, where, on a difference of opinion between two learned judges of the Bombay High Court, a third learned Judge agreed with the view that the value of gold confiscated by the customs authorities in smuggling operations was not entitled to deduction against the estimated and assessed income from an undisclosed source. It was observed that the loss ar…

M/S Popular Finance Company, Pathanamthitta vs. The ACIT, Cir-1, Thiruvalla

In the result, the appeals of the Revenue are partly allowed for statistical purposes

ITA 202/COCH/2019[2014-15]Status: DisposedITAT Cochin03 Dec 2019AY 2014-15

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 143(2)Section 143(3)Section 263Section 37(1)

…be explained on the ground that the assessee was carrying on a lawful business in gold, silver and jewellery and committed an infraction of the law in smuggling gold into the country. Our attention has also been invited to J.S. Parkar vs. V.B. Palekar [1974] 94 ITR 616, where, on a difference of opinion between two learned judges of the Bombay High Court, a third learned Judge agreed with the view that the value of gold confiscated by the customs authorities in smuggling operations was not entitled to deduction against the estimated and assessed income from an undisclosed source. It was observed that the loss ar…

Nand Bhagwandas Motwani, Mumbai vs. Income Tax Officer Ward-2(5), Kalyan

ITA 5855/MUM/2017[2007-08]Status: DisposedITAT Mumbai03 Apr 2019AY 2007-08

Bench: Hon’Ble Sh. Sandeep Gosain, Jm & Hon’Ble Sh. G. Manjunatha, Am आयकरअपीलसं./ I.T.A. No. 5855/Mum/2017 (निर्धारणवर्ा / Assessment Year: 2007-08)

For Appellant: Shri Bhadresh DoshiFor Respondent: Ms. Bharti Singh, DR
Section 143(3)Section 147Section 148

…eported in ITA No. 5537/Mum/2010 order dated 29.07.2010, wherein it was held that transfer of any on-money from one hand to the other is best known to the parties concerned and it is within their exclusive knowledge. JJj. In the case of J.S.Parkar reported in 94 ITR 616 the .Hon'ble Bombay High Court held that under the I.Tax Act, inference can be drawn upon the basis of circumstantial evidence. JJJj Sumati Dayal vs. CIT reported in 214 ITR 801(SC)-held that as laid down by 20 I.T.A. No. 5855/Mum/2017 Nand Bhagwandas Motwani, this court, apparent must be considered real until it is shown that there are reasons to…

The ACIT, Thiruvalla vs. M/S.Muthoot Properties & Investments, Kozhencherry

In the result, the appeals of the Revenue are partly allowed for statistical

ITA 75/COCH/2018[2005-06]Status: HeardITAT Cochin21 Feb 2019AY 2005-06

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 143(3)Section 37(1)Section 45Section 57

…be explained on the ground that the assessee was carrying on a lawful business in gold, silver and jewellery and committed an infraction of the law in smuggling gold into the country. Our attention has also been invited to J.S. Parkar vs. V.B. Palekar [1974] 94 ITR 616, where, on a difference of opinion between two learned judges of the Bombay High Court, a third learned Judge agreed with the view that the value of gold confiscated by the customs authorities in smuggling operations was not entitled to deduction against the estimated and assessed income from an undisclosed source. It was observed that the loss ar…

DCIT, Thiruvalla vs. Muthoot Properties & Investments, Kozhencherry

In the result, the appeals of the Revenue are partly allowed for statistical

ITA 74/COCH/2018[2003-04]Status: HeardITAT Cochin21 Feb 2019AY 2003-04

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 143(3)Section 37(1)Section 45Section 57

…be explained on the ground that the assessee was carrying on a lawful business in gold, silver and jewellery and committed an infraction of the law in smuggling gold into the country. Our attention has also been invited to J.S. Parkar vs. V.B. Palekar [1974] 94 ITR 616, where, on a difference of opinion between two learned judges of the Bombay High Court, a third learned Judge agreed with the view that the value of gold confiscated by the customs authorities in smuggling operations was not entitled to deduction against the estimated and assessed income from an undisclosed source. It was observed that the loss ar…

The ACIT, Thiruvalla vs. M/S.Muthoot Properties & Investments, Kozhencherry

In the result, the appeals of the Revenue are partly allowed for statistical

ITA 73/COCH/2018[2002-03]Status: HeardITAT Cochin21 Feb 2019AY 2002-03

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 143(3)Section 37(1)Section 45Section 57

…be explained on the ground that the assessee was carrying on a lawful business in gold, silver and jewellery and committed an infraction of the law in smuggling gold into the country. Our attention has also been invited to J.S. Parkar vs. V.B. Palekar [1974] 94 ITR 616, where, on a difference of opinion between two learned judges of the Bombay High Court, a third learned Judge agreed with the view that the value of gold confiscated by the customs authorities in smuggling operations was not entitled to deduction against the estimated and assessed income from an undisclosed source. It was observed that the loss ar…

DCIT, Thiruvalla vs. Mar Gregorious Memorial Muthoot Medical Centre, Kozhencherry

In the result, the appeals of the Revenue are partly allowed for statistical

ITA 72/COCH/2018[2007-08]Status: HeardITAT Cochin21 Feb 2019AY 2007-08

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 143(3)Section 37(1)Section 45Section 57

…be explained on the ground that the assessee was carrying on a lawful business in gold, silver and jewellery and committed an infraction of the law in smuggling gold into the country. Our attention has also been invited to J.S. Parkar vs. V.B. Palekar [1974] 94 ITR 616, where, on a difference of opinion between two learned judges of the Bombay High Court, a third learned Judge agreed with the view that the value of gold confiscated by the customs authorities in smuggling operations was not entitled to deduction against the estimated and assessed income from an undisclosed source. It was observed that the loss ar…

DCIT, Thiruvalla vs. Mar Gregorious Memorial Muthoot Medical Centre, Kozhencherry

In the result, the appeals of the Revenue are partly allowed for statistical

ITA 71/COCH/2018[2004-05]Status: HeardITAT Cochin21 Feb 2019AY 2004-05

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 143(3)Section 37(1)Section 45Section 57

…be explained on the ground that the assessee was carrying on a lawful business in gold, silver and jewellery and committed an infraction of the law in smuggling gold into the country. Our attention has also been invited to J.S. Parkar vs. V.B. Palekar [1974] 94 ITR 616, where, on a difference of opinion between two learned judges of the Bombay High Court, a third learned Judge agreed with the view that the value of gold confiscated by the customs authorities in smuggling operations was not entitled to deduction against the estimated and assessed income from an undisclosed source. It was observed that the loss ar…

DCIT, Thiruvalla vs. Mar Gregorious Memorial Muthoot Medical Centre, Kozhencherry

In the result, the appeals of the Revenue are partly allowed for statistical

ITA 70/COCH/2018[2003-04]Status: HeardITAT Cochin21 Feb 2019AY 2003-04

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 143(3)Section 37(1)Section 45Section 57

…be explained on the ground that the assessee was carrying on a lawful business in gold, silver and jewellery and committed an infraction of the law in smuggling gold into the country. Our attention has also been invited to J.S. Parkar vs. V.B. Palekar [1974] 94 ITR 616, where, on a difference of opinion between two learned judges of the Bombay High Court, a third learned Judge agreed with the view that the value of gold confiscated by the customs authorities in smuggling operations was not entitled to deduction against the estimated and assessed income from an undisclosed source. It was observed that the loss ar…

The ACIT, Circle-1, Thiruvalla vs. Mar Gregorious Memorial Muthoot Medical Centre, Pathanamthitta

In the result, the appeals of the Revenue are partly allowed for statistical

ITA 69/COCH/2018[2002-03]Status: HeardITAT Cochin21 Feb 2019AY 2002-03

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 143(3)Section 37(1)Section 45Section 57

…be explained on the ground that the assessee was carrying on a lawful business in gold, silver and jewellery and committed an infraction of the law in smuggling gold into the country. Our attention has also been invited to J.S. Parkar vs. V.B. Palekar [1974] 94 ITR 616, where, on a difference of opinion between two learned judges of the Bombay High Court, a third learned Judge agreed with the view that the value of gold confiscated by the customs authorities in smuggling operations was not entitled to deduction against the estimated and assessed income from an undisclosed source. It was observed that the loss ar…

Kamakshi Hospitality Pvt. Ltd., Jaipur vs. DCIT, Jaipur

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

ITA 481/JPR/2016[2010-11]Status: DisposedITAT Jaipur15 Dec 2017AY 2010-11
For Appellant: Shri Rajeev Sogani, CAFor Respondent: Shri R.A. Verma, Addl. CIT - DR &
Section 132Section 153ASection 69

…C) 72 3 CIT v. P.K. Noorjahan (1999) 237 ITR 570 (SC) 73 4 Anil Kumar Roy Chowdhury & Ors. V. CIT (1976) 102 ITR 12 (SC) 73 Distict Superintendent of Police, Chennai v. K. Inbasagaran (2006) 5 73-74 282 ITR 435 (SC) 6 J.S. Parkar v. V.B. Palekar & Ors. (1974) 94 ITR 616 (Bom) 74-75 7 CIT v. Haji jan Mohd. Gaur (2004) 267 ITR 765 (Raj.) 75 8 Add. CIT v. karnail Singh V. Kaleran (1974) 94 ITR 505 (P&H) 75-76 9 V. Ramaswami Naidu v. CIT (1974) 93 ITR 341 (Mad) 76 10 CIT v. R.Y. Durlabhji (1995) 211 ITR 178 ( Raj) 76-77 11 Prahlad maliram v. CIT (1987) 166 ITR 149 (Raj) 77 12 Kalwa Devadattam & Ors. V. UOI & Ors. (19…

Kailash A Kothari, Mumbai vs. ITO WD 13(1)(3), Mumbai

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

ITA 2334/MUM/2012[2007-08]Status: DisposedITAT Mumbai01 Nov 2017AY 2007-08

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm आयकर अपील सं./I.T.A. No.2334/Mum/2012 ("नधा"रण वष" / Assessment Year: 2007-08) Kailash A. Kothari Ito, Ward 13(1)(3), बनाम/ 128/130, Sarang Street, Aayakar Bhavan, M. K. Road, Mumbai-400 003 Mumbai-400 020 Vs. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Ms. Pranali Dixit ""यथ" क" ओर से/Respondent By : Shri Ram Tiwari

For Appellant: Ms. Pranali DixitFor Respondent: Shri Ram Tiwari
Section 143(3)Section 234

…reality of the recitals made. The proceedings under the Income Tax Act are civil proceedings and the liability therefore can be fastened on the basis of circumstantial evidence also, as held in the case Smt Sumati Dayal 214 ITR 801(SC). In case of J S Parker 94 ITR 616 (Bom) it has been" held that "the tax liability under the Income tax Act is of civil nature. To fasten a tax payer with such a liability, it is not necessary that the evidence should be in the nature of "beyond doubt" as is required to fix a criminal liability. Tax liability can be fastened on the basis of preponderance of probabilities". Perusal…

ITO 21(2)(3), Mumbai vs. Vishal K Ganatra, Mumbai

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

ITA 133/MUM/2013[2007-08]Status: DisposedITAT Mumbai10 Aug 2016AY 2007-08

Bench: Shri Jason P. Boaz, Am & Shri Sandeep Gosain, Jm Income Tax Officer-21(2)(4), Shri Vishal K. Ganatra Room No.503, 5Th Floor, C-10, 3Rd 12,Mahavir Bldg. Pratyaksh Kar Bhavan, Floor, K.D. Road, Vile Bandra Kurla Complex, Parle (W), Bandra (E), Mumbai-400 056. Mumbai-400 051. Pan: Aaxpg 1027Q Appellant .. Respondent

Section 133(6)Section 143(1)Section 41(1)

…us no material has been placed by ld. DR to the effect that the CIT(A) should have followed the ITAT Ahmedabad Bench and confirmation of addition of 25% on the same issue. We have already considered the judgments of Bombay High Court in case of J.S. Parkar (94 ITR 616) wherein the facts of that case are similar to the facts of the present case. Therefore, respectfully following the judgements of Hon’ble High Court we dismiss the ground of appeal and uphold the order of CIT(A). Ground No.2 This ground has been dealt by ld. CIT(A) in para no. 4.2 the same is reproduced below: 4.2 “I have considered the argum…

Rajanikant C. Shah, Mumbai vs. ITO 10(2)(2), Mumbai

ITA 800/MUM/2011[2005-06]Status: DisposedITAT Mumbai13 Jul 2016AY 2005-06

Bench: Shri Joginder Singh () & Shri Ashwani Taneja (Acountant Member)

Section 133ASection 143(3)Section 69B

…n be made on the basis of loose paper in absence of any other material. On this issue we shall like to make reference to the views expressed by Justice Tulzapurkar, as his Lordship then was, of the Bombay High Court in the case of J.S. Parkar vs. V.B. Palekar 94 ITR 616 (Bom), where, on a difference of opinion between Justice Deshpande and Justice Mukhi, Justice Tulzapurkar agreed with Justice Deshpande and held on the question whether the evidence established that the petitioner was the owner of the gold seized, though there was no direct evidence placed before the taxing authorities to prove that the petitioner…

ACIT, New Delhi vs. M/S Manish Agarwal, New Delhi

In the result ground NO. 7 of the appeal of the revenue is allowed

ITA 2963/DEL/2011[2001-02]Status: DisposedITAT Delhi24 Jun 2016AY 2001-02

Bench: Shri I.C.Sudhir & Shri Prashant Maharishiacit, Manish Agarwal, Central Circle-11, Room No.364, K-2/11, Vs. E-2, Ara Centre, Jhandewalan Extn., Model Town, New Delhi New Delhi Pan:Aaepa0068J (Appellant) (Respondent)

For Appellant: Sh. Vinod Kr. Bindal, CAFor Respondent: Smt. Paramita B. Biswas, CIT DR
Section 153A

…only clarificatory and that even otherwise an addition can be made towards income from undisclosed sources (See CIT v. Orissa Corporation (P.) Ltd. [1986] 159 ITR 78 (SC), Yadu Hari Dalmia v. CIT [1980] 126 ITR 48 (Delhi), J. S. Parkar v. V. B. Palekar [1974] 94 ITR 616 (Bom), Nanak Chandra Laxman Das v. CIT [1983] 140 ITR 151 (All)). Likewise, creditworthiness of the donor would depend upon the income and earning of the donor and whether and did he have necessary funds. Rarely one finds a poor man giving gifts to a rich and powerful, out of natural love and affection. Page 10 of 10 10. In the present appeal, we…

Pawan Kumar Aggarwal vs. Income Tax Officer

The appeal is disposed of

ITA - 137 / 2003HC Delhi27 Nov 2014
Section 260ASection 5Section 5(1)(ii)Section 64

…ITA No.137/2003 Page 1 of 11 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA No. 137/2003 Date of decision: 27th November, 2014 PAWAN KUMAR AGGARWAL ..... Appellant Through Mr. Mukul Gupta, Sr. Advocate with Mr. Vibhor Garg, Mr. Aseem Swaroop and Ms. Suvarna Kashyap, Advocates. versus INCOME TAX OFFICER ..... Respondent Through Mr. Akash Vajpai, Advocate for Mr. Rohit Madan, Sr. Standing Counsel. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE V. KAMES…

Pawan Kumar Aggarwal vs. Income Tax Officer

The appeal is disposed of

ITA/137/2003HC Delhi27 Nov 2014
Section 260ASection 5Section 5(1)(ii)Section 64

…ITA No.137/2003 Page 1 of 11 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA No. 137/2003 Date of decision: 27th November, 2014 PAWAN KUMAR AGGARWAL ..... Appellant Through Mr. Mukul Gupta, Sr. Advocate with Mr. Vibhor Garg, Mr. Aseem Swaroop and Ms. Suvarna Kashyap, Advocates. versus INCOME TAX OFFICER ..... Respondent Through Mr. Akash Vajpai, Advocate for Mr. Rohit Madan, Sr. Standing Counsel. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE V. KAMES…

Commissioneer of Income Tax vs. Agricultural Market Committee

ITTA/139/2011HC Telangana27 Jun 2011

Bench: V.V.S.RAO,RAMESH RANGANATHAN

Section 100Section 110

…e of the wrist- watches is the income of the assessee. In this connection reference may be made to the views expressed by Justice Tulzapurkar as his Lordship then was, of the Bombay High Court in the case of J.S. Parkar v. V.B. Palekar, 94 ITR 616 where on difference of opinion between Justice Deshpande and Justice Mukhi, Justice Tulzapurkar agreed with Justice Deshpande and held the question whether on the evidence established, the petitioner was the owner of the gold seized, though there was no direct evidence placed before the taxing authorities to prove that the petitioner…