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 366,369 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.

Issues it is cited on

Judgments citing Janki Ram Bahadur Ram v. CIT

ITO Ward-10(4), Kolkata vs. M/S Aum Capital Market Pvt. Ltd., Kolkata

Appeal is dismissed

ITA 302/KOL/2017[2011-12]Status: DisposedITAT Kolkata28 Sept 2018AY 2011-12

Bench: Sri J. Sudhakar Reddy& Sri S.S. Godara] I.T.A. No. 302/Kol/2017 Assessment Year: 2011-12 Income Tax Officer, Ward-10(4), Kolkata..………....................................….….……………….…......Appellant M/S. Aum Capital Market Pvt. Ltd.....................…..…….……………………………………………..……Respondent 5, Lower Rowdon Street Kolkata – 700 020 [Pan: Aaaco 7624 B] Appearances By: Shri Ravi Tulsiyan, Fca, Appeared On Behalf Of The Assessee. Shri Saurabh Kumar, Addl. Cit, Dr Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : July 7Th,2018 Date Of Pronouncing The Order : September 28Th,2018 Order Per S.S. Godara, Jm :- This Revenue’S Appeal For The Assessment Year 2010-11 Arises Against The Commissioner Of Income Tax (Appeals) – 4, Kolkata’S Order Dated 18/11/2016 Passed In Case No. Ita No.1125/Cit(A)-4/Range-10/Kol/14015 Involving Proceedings U/S 143(3) Of The Income Tax Act, 1961 (In Short ‘Act’).

Section 143(3)Section 14ASection 43(5)

…of the operation involved. Saroj Kumar Mazumdar Vs. CIT, 37 ITR 242 (SC). (e) No single fact has any decisive significance and the question must depend upon the collective effect of all the relevant materials brought on record. Janki Ram Bahadur Ram Vs. CIT, 57 ITR 21 (SC). 9. The above tests have again been reiterated by the CBDT in its Circular referred to by the AO in the order of assessment. Keeping in mind, the above broad principles, we shall now examine the case of the assessee. The assessee during the previous year had entered into transactions of purchase of shares giving raise to long term capital gain…

Manaz Retail P.Ltd, Mumbai vs. DCIT RG 8(2), Mumbai

In the result, the appeals filed by the assessee and the revenue are partly allowed

ITA 7636/MUM/2016[2006-07]Status: DisposedITAT Mumbai25 Sept 2018AY 2006-07

Bench: Shri Joginder Singh () & Shri N.K. Pradhan () Assessment Year: 2006-07 Manz Retail P. Ltd. Dy. Cit, Range-8(2) Knowledge House, Shyam Aayakarbhavan, M.K. Vs. Nagar, Off. Jogeshwari – Road, Mumbai-400020 Vikhroli Link Road, Jogeshwari (E), Mumbai- 400060. Pan No. Aaacm1978J Respondent Appellant Assessment Year: 2006-07 Dcit-10(2)(2), R. No. Manz Retail P. Ltd. 209, 2Nd Floor, Knowledge House, Shyam Vs. Aayakarbhavan, M.K. Nagar, Off. Jogeshwari – Road, Mumbai-400020 Vikhroli Link Road, Jogeshwari (E), Mumbai- 400060. Pan No. Aaacm1978J Appellant Respondent Assessee By : Mr.Vipul Joshi,Ar Revenue By : Mr. Neil Philip, Dr Date Of Hearing : 10/09/2018 Date Of Pronouncement: 25/09/2018

For Appellant: Mr.Vipul Joshi,ARFor Respondent: Mr. Neil Philip, DR
Section 131Section 143(3)Section 14ASection 68

…nvestment was made and the possibility of enhanced values motivated the investment (see [Leeming v. Jones (1930) 15 TC 333 (HL)] and also the decisions of this court in Saroj Kumar Mazumdar v. CIT [1959] 37 ITR 242 (SC) and Janki Ram Bahadur Ram v. CIT [1965] 57 ITR 21 (SC). Manz Retail P. Ltd. In Commissioner of Inland Revenue v. Fraser [(1942) 24 TC 498, 502] Lord Normand said: ‘The individual who enters into a purchase of an article or commodity may have in view the resale of it at a profit, and yet it may be that that is not the only purpose for which he purchased the article or the commodity, nor the only p…