Jawaharbhai Atmaram Hathiwala v. ITO

128 TTJ 36Income Tax Appellate Tribunal2010#2550 most cited

What is Jawaharbhai Atmaram Hathiwala v. ITO authority for?

An addition to income, particularly for alleged 'on-money' transactions, cannot be sustained solely based on third-party notings or statements found during a search. Such additions require corroborating evidence, such as the assessee's handwriting, signatures, or other incriminating material directly belonging to the assessee.

45

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2019 to 2026.

Also referred to as

Jawaharbhai Atmaram Hathiwala v. ITO · Section 132 search assessment · third party notings · third party statements · on-money addition · corroborating evidence · assessee handwriting signature · seized material · unexplained expenditure Section 69C · deletion of addition

Issues it is cited on

Judgments citing Jawaharbhai Atmaram Hathiwala v. ITO

Shri Kanjibhai Tapubhai Patel, Jamnagar vs. The ITO Ward-3(2), Jamnagar

In the result, the appeal of the assessee is allowed

ITA 105/RJT/2021[2011-12]Status: DisposedITAT Rajkot25 Jan 2023AY 2011-12

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./I.T.A. Nos. 103 To 105/Rjt/2021 ("नधा"रण वष" / Assessment Years : 2008-09, 2010-11 & 2011-12) Shri Kanjibhai Tapubhai The Income Tax Officer बनाम/ Patel Ward 3(2), Jamnagar Vs. Plot No.3990, Gidc, Phase-Iii, Dared, Jamnagar "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Actpp6152H .. (अपीलाथ" /Appellant) (""यथ" / Respondent) अपीलाथ" ओर से /Appellant By : Shri Chetan Agarwal, A.R. ""यथ" क" ओर से / Shri B. D. Gupta, Sr. D.R. Respondent By : सुनवाई क" तार"ख / Date Of 01/11/2022 Hearing घोषणा क" तार"ख /Date Of 25/01/2023 Pronouncement O R D E R Per Ms. Madhumita Roy - Jm: This Bunch Of Three Appeals At The Instance Of The Assessee Are Directed Against The Orders Dated 28.07.2021 (For A.Ys. 2008-09 & 2011-12) & 27.07.2021 (For A.Y. 2010-11) Passed By The National Faceless Appeal Centre

For Appellant: Shri Chetan Agarwal, A.R
Section 143(3)Section 147

…that assessee had actually received said amount, no addition could be made merely on basis of noting in loose papers found during search proceedings in case of 'D Group' against name of assessee. 6.3 In the case of Jawaharbhai Atmaram Hathiwala v. ITO [2010] 128 TTJ 36 (Ahmedabad) (UO), the Ahmedabad Tribunal held that where assessee was alleged to have paid a sum as 'on money' for purchase of flat I.T.A Nos. 54 & 55/Rjt/2021 A.Y. 2010-11 & 2011-12 Page No Shri Mukeshkumar Vrajlal Akbari 9 but no evidence could be brought on record by Revenue to show that in fact assessee had paid 'on-money' to developers, and n…

Shri Kanjibhai Tapubhai Patel, Jamnagar vs. The ITO Ward-3(2), Jamnagar

In the result, the appeal of the assessee is allowed

ITA 104/RJT/2021[2010-11]Status: DisposedITAT Rajkot25 Jan 2023AY 2010-11

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./I.T.A. Nos. 103 To 105/Rjt/2021 ("नधा"रण वष" / Assessment Years : 2008-09, 2010-11 & 2011-12) Shri Kanjibhai Tapubhai The Income Tax Officer बनाम/ Patel Ward 3(2), Jamnagar Vs. Plot No.3990, Gidc, Phase-Iii, Dared, Jamnagar "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Actpp6152H .. (अपीलाथ" /Appellant) (""यथ" / Respondent) अपीलाथ" ओर से /Appellant By : Shri Chetan Agarwal, A.R. ""यथ" क" ओर से / Shri B. D. Gupta, Sr. D.R. Respondent By : सुनवाई क" तार"ख / Date Of 01/11/2022 Hearing घोषणा क" तार"ख /Date Of 25/01/2023 Pronouncement O R D E R Per Ms. Madhumita Roy - Jm: This Bunch Of Three Appeals At The Instance Of The Assessee Are Directed Against The Orders Dated 28.07.2021 (For A.Ys. 2008-09 & 2011-12) & 27.07.2021 (For A.Y. 2010-11) Passed By The National Faceless Appeal Centre

For Appellant: Shri Chetan Agarwal, A.R
Section 143(3)Section 147

…that assessee had actually received said amount, no addition could be made merely on basis of noting in loose papers found during search proceedings in case of 'D Group' against name of assessee. 6.3 In the case of Jawaharbhai Atmaram Hathiwala v. ITO [2010] 128 TTJ 36 (Ahmedabad) (UO), the Ahmedabad Tribunal held that where assessee was alleged to have paid a sum as 'on money' for purchase of flat I.T.A Nos. 54 & 55/Rjt/2021 A.Y. 2010-11 & 2011-12 Page No Shri Mukeshkumar Vrajlal Akbari 9 but no evidence could be brought on record by Revenue to show that in fact assessee had paid 'on-money' to developers, and n…

Shri Kanjibhai Tapubhai Patel, Jamnagar vs. The ITO Ward-3(2), Jamnagar

In the result, the appeal of the assessee is allowed

ITA 103/RJT/2021[2008-09]Status: DisposedITAT Rajkot25 Jan 2023AY 2008-09

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./I.T.A. Nos. 103 To 105/Rjt/2021 ("नधा"रण वष" / Assessment Years : 2008-09, 2010-11 & 2011-12) Shri Kanjibhai Tapubhai The Income Tax Officer बनाम/ Patel Ward 3(2), Jamnagar Vs. Plot No.3990, Gidc, Phase-Iii, Dared, Jamnagar "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Actpp6152H .. (अपीलाथ" /Appellant) (""यथ" / Respondent) अपीलाथ" ओर से /Appellant By : Shri Chetan Agarwal, A.R. ""यथ" क" ओर से / Shri B. D. Gupta, Sr. D.R. Respondent By : सुनवाई क" तार"ख / Date Of 01/11/2022 Hearing घोषणा क" तार"ख /Date Of 25/01/2023 Pronouncement O R D E R Per Ms. Madhumita Roy - Jm: This Bunch Of Three Appeals At The Instance Of The Assessee Are Directed Against The Orders Dated 28.07.2021 (For A.Ys. 2008-09 & 2011-12) & 27.07.2021 (For A.Y. 2010-11) Passed By The National Faceless Appeal Centre

For Appellant: Shri Chetan Agarwal, A.R
Section 143(3)Section 147

…that assessee had actually received said amount, no addition could be made merely on basis of noting in loose papers found during search proceedings in case of 'D Group' against name of assessee. 6.3 In the case of Jawaharbhai Atmaram Hathiwala v. ITO [2010] 128 TTJ 36 (Ahmedabad) (UO), the Ahmedabad Tribunal held that where assessee was alleged to have paid a sum as 'on money' for purchase of flat I.T.A Nos. 54 & 55/Rjt/2021 A.Y. 2010-11 & 2011-12 Page No Shri Mukeshkumar Vrajlal Akbari 9 but no evidence could be brought on record by Revenue to show that in fact assessee had paid 'on-money' to developers, and n…