Janki Ram Bahadur Ram v. CIT

57 ITR 21Supreme Court of India1965#1690 most cited

What is Janki Ram Bahadur Ram v. CIT authority for?

The onus is on the Income Tax Department to prove that a particular receipt or amount is taxable and falls under the provisions of the Income-tax Act.

67

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2010 to 2025.

Also referred to as

Janki Ram Bahadur Ram v. CIT · 57 ITR 21 · onus of proof · burden on revenue · taxable receipt · department's onus · Section 143(3) · Section 69C · Section 132 · Section 153A · income tax · proving income.

Sections most often in play

Section 143(3)Section 131Section 133(6)Section 69CSection 10(38)Section 132Section 153ASection 271AAB
Read the full judgment

Issues it is cited on

retraction of statementsection 271aabbogus long term capital gainretracted statementdumb documentstransfer of capital assetshort term capital gainsection 10(38)long term capital gainsloose papersdocuments seizedsection 45

Judgments citing Janki Ram Bahadur Ram v. CIT

Deputy Commissioner of Income Tax, Central Circle 1(1), Kolkata vs. Axis Overseas Limited, Kolkata

In the result, the appeal of the Revenue is dismissed

ITA 2425/KOL/2024[2013-14]Status: DisposedITAT Kolkata03 Dec 2025AY 2013-14

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Dy. Commissioner Of Income Tax, Cc 1(1), Kolkata Axis Overseas Limited Aaykar Bhawan Poorva, 21A, Shakespeare Sarani, Vs. 3Rd Floor, Kolkata-700107, Kolkata-700107, West Bengal West Bengal (Appellant) (Respondent) Pan No. Aagca7497L Assessee By : Shri Siddharth Agarwal, Ar Revenue By : Shri P.N. Barnwal, Dr Date Of Hearing: 13.11.2025 Date Of Pronouncement: 03.12.2025

For Appellant: Shri Siddharth Agarwal, ARFor Respondent: Shri P.N. Barnwal, DR
Section 133(6)Section 68

…is the real income earned and accrued to the assessee. No provision in the Act empowers the Ld AO to tax notional income on hypothecation basis. Reliance is placed on following: The Supreme Court in the case of Poona Electric Supply v. Ld. CIT(Appeals) (1965) 57 ITR 21 (SC) held that “income-tax is a tax on the real income, i.e., the profits arrived at on commercial principles subject to the provisions of the Income-tax Act”. Supreme Court in Godhra Electricity Co. Ltd. V. CIT (225 ITR 746 (SC) laid down this ratio and held that under the Income Tax Act, the income chargeable to tax should be the income that was…

ACIT, C. R. Building vs. Hansdeep Industries and Trading Company Ltd., Fourth Floor, Link House

In the result, the appeal is allowed

ITA 3466/DEL/2023[2016-17]Status: DisposedITAT Delhi28 May 2025AY 2016-17

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwalassessment Year: 2016-17 Vs. M/S. Acit, Hansdeep Industries C.R. Building & Trading Company Ltd., New Delhi 4Th Floor, Link House, 3 Bahadur Shah Zafar Marg, New Delhi Pan: Aabcj0776A (Appellant) (Respondent) Assessee By Sh. Ankit Kumar, Adv. Sh. Lalit Mohan, Ca Department By Sh. Rajesh Kumar Dhanesta, Sr. Dr Date Of Hearing 28.05.2025 Date Of Pronouncement 28.05.2025 Order

Section 143(3)Section 5Section 57

…pothetical accrual of income. It was observed that the question of real accrual of income must be considered by taking the probability of realisation in a realistic manner. 5.2. The Supreme Court in the case of Poona Electric Supply v. Ld. CIT(Appeals) (1965) 57 ITR 21 (SC) held that income-tax is a tax on the real income, i.e., the profits arrived at on commercial principles subject to the provisions of the Income-tax Act. 5.3. Supreme Court in the case of CIT vs. Excel Industries Ltd. (2013) 358 ITR 295 (SC) had held “…going by the accounting standard though the revenue is collectible by certainty, the assessee…

Manish K Ajmera, Mumbai vs. DCIT CC 2(2), Mumbai

In the result, all the appeals of the assessee are allowed

ITA 986/MUM/2020[2012-13]Status: DisposedITAT Mumbai13 Jan 2025AY 2012-13

Bench: SHRI AMIT SHUKLA (Judicial Member), SMT RENU JAUHRI (Accountant Member)

Section 143(3)Section 153ASection 68Section 69C

…the Department to prove that a particular receipt is taxable and that it could be brought under the taxing provision. Reliance in this regard is place on the decision of the Hon'ble Supreme Court in the case of Janki Ram Bahadur Ram vs.CIT reported in (1965) 57 ITR 21. 23. Lastly, he submitted that Securities Appellate Tribunal, Mumbai vide judgment dated 05/10/2020 which was with respect to investigation conducted in the scrip of PIL, later on known as Aadhar Ventures India Ltd. for the period 01/01/2009 was manipulative. The SAT in the case of Indivar Traders Pvt. Ltd. vs. Wholetime Member SEBI had held that i…

Jasmin K Ajmera, Mumbai vs. DCIT CC 2(2), Mumbai

In the result, all the appeals of the assessee are allowed

ITA 984/MUM/2020[2012-13]Status: DisposedITAT Mumbai13 Jan 2025AY 2012-13

Bench: SHRI AMIT SHUKLA (Judicial Member), SMT RENU JAUHRI (Accountant Member)

Section 143(3)Section 153ASection 68Section 69C

…the Department to prove that a particular receipt is taxable and that it could be brought under the taxing provision. Reliance in this regard is place on the decision of the Hon'ble Supreme Court in the case of Janki Ram Bahadur Ram vs.CIT reported in (1965) 57 ITR 21. 23. Lastly, he submitted that Securities Appellate Tribunal, Mumbai vide judgment dated 05/10/2020 which was with respect to investigation conducted in the scrip of PIL, later on known as Aadhar Ventures India Ltd. for the period 01/01/2009 was manipulative. The SAT in the case of Indivar Traders Pvt. Ltd. vs. Wholetime Member SEBI had held that i…

Alpesh K Ajmera, Mumbai vs. DCIT CC 2(2), Mumbai

In the result, all the appeals of the assessee are allowed

ITA 1144/MUM/2020[2012-13]Status: DisposedITAT Mumbai13 Jan 2025AY 2012-13

Bench: SHRI AMIT SHUKLA (Judicial Member), SMT RENU JAUHRI (Accountant Member)

Section 143(3)Section 153ASection 68Section 69C

…the Department to prove that a particular receipt is taxable and that it could be brought under the taxing provision. Reliance in this regard is place on the decision of the Hon'ble Supreme Court in the case of Janki Ram Bahadur Ram vs.CIT reported in (1965) 57 ITR 21. 23. Lastly, he submitted that Securities Appellate Tribunal, Mumbai vide judgment dated 05/10/2020 which was with respect to investigation conducted in the scrip of PIL, later on known as Aadhar Ventures India Ltd. for the period 01/01/2009 was manipulative. The SAT in the case of Indivar Traders Pvt. Ltd. vs. Wholetime Member SEBI had held that i…

Jiten K. Ajmera (Legal Heir of Late Kishore H. Ajmera), Mumbai vs. DCIT, Central Circle-2(2), Mumbai

In the result, all the appeals of the assessee are allowed

ITA 1143/MUM/2020[2012-13]Status: DisposedITAT Mumbai13 Jan 2025AY 2012-13

Bench: SHRI AMIT SHUKLA (Judicial Member), SMT RENU JAUHRI (Accountant Member)

Section 143(3)Section 153ASection 68Section 69C

…the Department to prove that a particular receipt is taxable and that it could be brought under the taxing provision. Reliance in this regard is place on the decision of the Hon'ble Supreme Court in the case of Janki Ram Bahadur Ram vs.CIT reported in (1965) 57 ITR 21. 23. Lastly, he submitted that Securities Appellate Tribunal, Mumbai vide judgment dated 05/10/2020 which was with respect to investigation conducted in the scrip of PIL, later on known as Aadhar Ventures India Ltd. for the period 01/01/2009 was manipulative. The SAT in the case of Indivar Traders Pvt. Ltd. vs. Wholetime Member SEBI had held that i…

Ajmera Pharmasure Ltd, Mumbai vs. DCIT CC 2(2), Mumbai

In the result, all the appeals of the assessee are allowed

ITA 1137/MUM/2020[2012-13]Status: DisposedITAT Mumbai13 Jan 2025AY 2012-13
Section 143(3)Section 153ASection 68Section 69C

…the Department to prove that a particular receipt is taxable and that it could be brought under the taxing provision. Reliance in this regard is place on the decision of the Hon'ble Supreme Court in the case of Janki Ram Bahadur Ram vs.CIT reported in (1965) 57 ITR 21. 23. Lastly, he submitted that Securities Appellate Tribunal, Mumbai vide judgment dated 05/10/2020 which was with respect to investigation conducted in the scrip of PIL, later on known as Aadhar Ventures India Ltd. for the period 01/01/2009 to 24/04/2015 wherein, the allegation was that price was artificially raised fraudulently through a trading…

Ashish K Ajmera, Mumbai vs. DCIT CC 2(2), Mumbai

ITA 1135/MUM/2020[2012-13]Status: DisposedITAT Mumbai13 Jan 2025AY 2012-13
Section 143(3)Section 153ASection 68Section 69C

…the Department to prove that a particular receipt is taxable and that it could be brought under the taxing provision. Reliance in this regard is place on the decision of the Hon'ble Supreme Court in the case of Janki Ram Bahadur Ram vs.CIT reported in (1965) 57 ITR 21. 23. Lastly, he submitted that Securities Appellate Tribunal, Mumbai vide judgment dated 05/10/2020 which was with respect to investigation conducted in the scrip of PIL, later on known as Aadhar Ventures India Ltd. for the period 01/01/2009 21 ITA No.626/Mum/2021 and others Shri Jiten K Ajmera and Others to 24/04/2015 wherein, the allegation was…

Minal M Ajmera, Mumbai vs. DCIT CC 2(2), Mumbai

ITA 1112/MUM/2020[2012-13]Status: DisposedITAT Mumbai13 Jan 2025AY 2012-13
Section 143(3)

…the Department to prove that a particular receipt is taxable and that it could be brought under the taxing provision. Reliance in this regard is place on the decision of the Hon'ble Supreme Court in the case of Janki Ram Bahadur Ram vs.CIT reported in (1965) 57 ITR 21. 23. Lastly, he submitted that Securities Appellate Tribunal, Mumbai vide judgment dated 05/10/2020 which was with respect to investigation conducted in the scrip of PIL, later on known as Aadhar Ventures India Ltd. for the period 01/01/2009 to 24/04/2015 wherein, the allegation was that price was artificially raised fraudulently through a trading…

Reena A Ajmera, Mumbai vs. DCIT CC 2(2), Mumbai

In the result, all the appeals of the assessee are allowed

ITA 1111/MUM/2020[2012-13]Status: DisposedITAT Mumbai13 Jan 2025AY 2012-13

Bench: SHRI AMIT SHUKLA (Judicial Member), SMT RENU JAUHRI (Accountant Member)

Section 143(3)Section 153ASection 68Section 69C

…the Department to prove that a particular receipt is taxable and that it could be brought under the taxing provision. Reliance in this regard is place on the decision of the Hon'ble Supreme Court in the case of Janki Ram Bahadur Ram vs.CIT reported in (1965) 57 ITR 21. 23. Lastly, he submitted that Securities Appellate Tribunal, Mumbai vide judgment dated 05/10/2020 which was with respect to investigation conducted in the scrip of PIL, later on known as Aadhar Ventures India Ltd. for the period 01/01/2009 was manipulative. The SAT in the case of Indivar Traders Pvt. Ltd. vs. Wholetime Member SEBI had held that i…

Avani J Ajmera, Mumbai vs. DCIT CC 2(2), Mumbai

In the result, all the appeals of the assessee are allowed

ITA 1110/MUM/2020[2012-13]Status: DisposedITAT Mumbai13 Jan 2025AY 2012-13

Bench: SHRI AMIT SHUKLA (Judicial Member), SMT RENU JAUHRI (Accountant Member)

Section 143(3)Section 153ASection 68Section 69C

…the Department to prove that a particular receipt is taxable and that it could be brought under the taxing provision. Reliance in this regard is place on the decision of the Hon'ble Supreme Court in the case of Janki Ram Bahadur Ram vs.CIT reported in (1965) 57 ITR 21. 23. Lastly, he submitted that Securities Appellate Tribunal, Mumbai vide judgment dated 05/10/2020 which was with respect to investigation conducted in the scrip of PIL, later on known as Aadhar Ventures India Ltd. for the period 01/01/2009 was manipulative. The SAT in the case of Indivar Traders Pvt. Ltd. vs. Wholetime Member SEBI had held that i…

International Financial Services Ltd Mumbai, Mumbai vs. DCIT CC 2(2), Mumbai

In the result, all the appeals of the assessee are allowed

ITA 1109/MUM/2020[2012-13]Status: DisposedITAT Mumbai13 Jan 2025AY 2012-13

Bench: SHRI AMIT SHUKLA (Judicial Member), SMT RENU JAUHRI (Accountant Member)

Section 143(3)Section 153ASection 68Section 69C

…the Department to prove that a particular receipt is taxable and that it could be brought under the taxing provision. Reliance in this regard is place on the decision of the Hon'ble Supreme Court in the case of Janki Ram Bahadur Ram vs.CIT reported in (1965) 57 ITR 21. 23. Lastly, he submitted that Securities Appellate Tribunal, Mumbai vide judgment dated 05/10/2020 which was with respect to investigation conducted in the scrip of PIL, later on known as Aadhar Ventures India Ltd. for the period 01/01/2009 was manipulative. The SAT in the case of Indivar Traders Pvt. Ltd. vs. Wholetime Member SEBI had held that i…

Ajay Reghubhai Bharwad, Vadodara vs. The ITO, Ward-1(2)(1), Vadodara

In the result, the appeals filed by the Assessees are dismissed

ITA 597/AHD/2020[2010-11]Status: DisposedITAT Ahmedabad10 Jan 2025AY 2010-11

Bench: Smt. Annapurna Gupta (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

Section 143(3)Section 44A

…the nature of trade. I rely on the decision of Hon'ble Supreme Court in the following cases for the above proportion. 1. Smt Indramani Bai (70 ITR 67) 2. G. Ventakaswami Naidu & Co. (35 ITR 594) 3. Raja.J.Rameshwar Rao (42 ITR 179) 4. Janaki Ram Bahadur Ram (57 ITR 21) 5. Raja Bahadur Kamakhya Narain Singh (77 ITR 253) Hence, alternatively Rs.36,50,000/- must be treated as income from business.” 6. Aggrieved against the appellate order the assessee Sri. Piyush M Dobariya is in appeal before us raising the following Grounds of Appeal in ITA No. 595/Ahd/2020: 1. The Ld. CIT(A)-1, Vadodara has erred in law and in…

Shri Ajay Reghubhai Bharwad, Vadodara vs. The ITO, Ward-2(1), Vadodara

In the result, the appeals filed by the Assessees are dismissed

ITA 596/AHD/2020[2009-10]Status: DisposedITAT Ahmedabad10 Jan 2025AY 2009-10

Bench: Smt. Annapurna Gupta (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

Section 143(3)Section 44A

…the nature of trade. I rely on the decision of Hon'ble Supreme Court in the following cases for the above proportion. 1. Smt Indramani Bai (70 ITR 67) 2. G. Ventakaswami Naidu & Co. (35 ITR 594) 3. Raja.J.Rameshwar Rao (42 ITR 179) 4. Janaki Ram Bahadur Ram (57 ITR 21) 5. Raja Bahadur Kamakhya Narain Singh (77 ITR 253) Hence, alternatively Rs.36,50,000/- must be treated as income from business.” 6. Aggrieved against the appellate order the assessee Sri. Piyush M Dobariya is in appeal before us raising the following Grounds of Appeal in ITA No. 595/Ahd/2020: 1. The Ld. CIT(A)-1, Vadodara has erred in law and in…

Shri Piyush M Dobariya, Vadodara vs. The ITO, Ward-5(4), Vadodara

In the result, the appeals filed by the Assessees are dismissed

ITA 595/AHD/2020[2009-10]Status: DisposedITAT Ahmedabad10 Jan 2025AY 2009-10

Bench: Smt. Annapurna Gupta (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

Section 143(3)Section 44A

…the nature of trade. I rely on the decision of Hon'ble Supreme Court in the following cases for the above proportion. 1. Smt Indramani Bai (70 ITR 67) 2. G. Ventakaswami Naidu & Co. (35 ITR 594) 3. Raja.J.Rameshwar Rao (42 ITR 179) 4. Janaki Ram Bahadur Ram (57 ITR 21) 5. Raja Bahadur Kamakhya Narain Singh (77 ITR 253) Hence, alternatively Rs.36,50,000/- must be treated as income from business.” 6. Aggrieved against the appellate order the assessee Sri. Piyush M Dobariya is in appeal before us raising the following Grounds of Appeal in ITA No. 595/Ahd/2020: 1. The Ld. CIT(A)-1, Vadodara has erred in law and in…

Shri Deepak Suresh Gadge, Nagpur vs. Dy. CIT, Circle-1, Nagpur

In the result, appeal filed by the assessee partly allowed

ITA 23/NAG/2018[2013-2014]Status: DisposedITAT Nagpur28 Nov 2024AY 2013-2014

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri Manoj G. MoryaniFor Respondent: Shri Abhay Y. Marathe
Section 234A

…as decisive significance. No undue emphasis should be placed on a particular observation in any decision as it has to be understood in the light of the totality of the facts of that case. As observed by the Supreme Court in Janki Ram Bahadur Ram v. CIT [1965] 57 ITR 21 (at page 25) : "No useful purpose would be served by entering upon a detailed analysis and review of the observations made in the light of the relevant facts, for no single fact has decisive significance, and the question whether a transaction is an adventure in the nature of trade must depend upon the collective effect of all the relevant material…

ACIT Circle-36(1), New Delhi vs. Himanshu Garg, New Delhi

ITA 819/DEL/2020[2014-15]Status: DisposedITAT Delhi30 May 2024AY 2014-15

Bench: Sh. Kul Bharatdr. B. R. R. Kumar

For Appellant: Sh. Niraj Jain, CA &For Respondent: Sh. Vivek K. Upadhyay, Sr. DR
Section 54BSection 54F

…mportant to consider is their distinctive character. In each case, it is the 7 CO No. 112/Del/2022 Himanshu Garg total effect of all the relevant factors and circumstances that determines the character of the transaction.” 13. In Jankiram Bahadur Ram vs. CIT 57 ITR 21 SC, it has been held that the mere fact that the owner of an immovable property takes steps to enhance its value before selling it does not amount to an adventure in the nature of trade. 14. In the case of CIT vs. Kasturi Estates Pvt. Ltd., 62 ITR 578 (Mad.), the assessee had even parceled the land into plots and incurred expenses for laying roads…

The Deputy Commr. of Income Tax, Circle-2 (1), Rajkot-Gujarat vs. Shri Girish R. Tanti, Rajkot-Gujarat

In the result, appeal of the Department is dismissed

ITA 113/RJT/2018[2011-12]Status: DisposedITAT Rajkot31 Oct 2022AY 2011-12
For Appellant: Shri Mehul Ranpura, A.RFor Respondent: Shri Shramdeep Sinha, Sr. D.R
Section 139Section 143(3)Section 263

…e of assessee. The Delhi held that in absence of any specific provision under which said notional income on advance could be brought to tax, impugned addition was to be deleted. The Supreme Court in the case of Poona Electric Supply v. Ld. CIT(Appeals) (1965) 57 ITR 21 (SC) held that “income-tax is a tax on the real income, i.e., the profits arrived at on commercial principles subject to the provisions of the Income- tax Act”. Subsequently, the Orissa High Court in Prafulla Kumar Malik AIR 1969 Ori 187 emphasized that income tax is imposed only on “profits he actually receives and not on the profits he might have…

M/S. Indi Stock Private Limited vs. Commissioner of Income Tax, Kolkata- II

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

ITA/49/2009HC Calcutta30 Sept 2022

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE SUPRATIM BHATTACHARYA

Section 143(3)Section 260A

…formula which could be applied in determining whether a transaction was an adventure in the nature of trade or not. The answer to 2 (2022) 287 Taxman 20 (Cal) 3 (1961) 41 ITR 534 (SC) 4 (1965) 57 ITR 21 (SC) ITA NO. 49 OF 2009 REPORTABLE Page 7 of 11 the question must necessarily depend in each case on the total impression and effect of all relevant factors and circumstances accrued therein w…

M/S. Gayan Traders Limited vs. Commissioner of Income Tax, Kolkata-II

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

ITA/48/2009HC Calcutta30 Sept 2022

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE SUPRATIM BHATTACHARYA

Section 143(3)Section 260A

…of one kind or other depends on the question whether the excess is an enhancement of the value by realizing the security or a gain in an operation of profit making. Further it was pointed 11 (1965) 57 ITR 21 (SC) 12 (1970) 77 ITR 253 (SC) ITA NO. 48 OF 2009 REPORTABLE Page 13 of 19 out that the assessee might invest his capital in shares with the intention to resell these if in future there sale b…