Jamnadas & Co. v. CIT

210 ITR 218High Court1994#23608 most cited
3

judgments rely on this decision, according to BharatTax’s citation analysis of 348,631 Indian tax judgments — from 2019 to 2022.

Judgments citing Jamnadas & Co. v. CIT

M/S. Vam Airtex Pvt.Ltd., Ahmedabad vs. The ITO, Ward-4(1)(4), Ahmedabad

In the result, the penalty levied u/s 271(1)(c) of the Act in both the assessment years before us, i

ITA 2266/AHD/2018[1999-00]Status: DisposedITAT Ahmedabad07 Oct 2022AY 1999-00

Bench: Smt.Annapurna Gupta & Miss Suchitra Kamble

For Appellant: Shri S.N. Divatia, AR with Samir Vora, ARFor Respondent: Shri Satish Solanki, Sr.DR
Section 271(1)(c)

…erms of section 114 of the Evidence Act should be drawn to the effect that had those documents been produced, the same would have gone against the interest of the assessee. As per Hon'ble Gujarat high court's decision in the case of Jamnadas & Co v CIT (1994) 210 ITR 218, if the assessee who is required to prove that the failure to return the correct income did not arise from any fraud or any gross or willful negligence on its part, fails to prove these elements, the presumption as contemplated by the said explanation can be raised. The assessee company did not furnish any evidence in its support at all despite o…

M/S. Vam Airtex Pvt.Ltd., Ahmedabad vs. The ITO, Ward-4(1)(4), Ahmedabad

In the result, the penalty levied u/s 271(1)(c) of the Act in both the assessment years before us, i

ITA 2265/AHD/2018[1991-92]Status: DisposedITAT Ahmedabad07 Oct 2022AY 1991-92

Bench: Smt.Annapurna Gupta & Miss Suchitra Kamble

For Appellant: Shri S.N. Divatia, AR with Samir Vora, ARFor Respondent: Shri Satish Solanki, Sr.DR
Section 271(1)(c)

…erms of section 114 of the Evidence Act should be drawn to the effect that had those documents been produced, the same would have gone against the interest of the assessee. As per Hon'ble Gujarat high court's decision in the case of Jamnadas & Co v CIT (1994) 210 ITR 218, if the assessee who is required to prove that the failure to return the correct income did not arise from any fraud or any gross or willful negligence on its part, fails to prove these elements, the presumption as contemplated by the said explanation can be raised. The assessee company did not furnish any evidence in its support at all despite o…

Transwind Communication Electronics Pvt. Ltd., Ahmedabad vs. The Dy.CIT, (OSD), Circle-8, Ahmedabad

In the result, assessee’s appeal is dismissed

ITA 1538/AHD/2015[2010-11]Status: DisposedITAT Ahmedabad17 May 2019AY 2010-11

Bench: Shri Amarjit Singh & Ms. Madhumita Roy

For Appellant: Shri Jignesh Kumar Parikh, A.RFor Respondent: Shri James Kurian, Sr. D.R
Section 271(1)(c)Section 274

…ments that the Explanation to section 271 was added. By reason of the addition of that Explanation, the view taken in this case can no longer be said to be applicable. 10.2.4 COMMISSIONER OF INCOME TAX vs. JAMNADAS & COMPANY (1995) 123 CTR (Guj) 308 : (1994) 210 ITR 218 (Guj) : (1995) 78 TAXMAN 573 Penalty under s. 271(l)(c), Explanation—Concealment—Assessee's own explanation that cash credit entries in respect of secret business were in wrong names—As per additions made, case coming within the purview of Explanation— Assessee failing to discharge the burden placed upon it, penalty under s. 271(l)(c) Explanatio…

Jamnadas & Co. v. CIT (210 ITR 218) — Cited in 3 Judgments | BharatTax