Kishanchand Chellaram v. CIT

125 ITR 713Supreme Court of India1980#46 most cited

What is Kishanchand Chellaram v. CIT authority for?

An assessee is entitled to be confronted with evidence used against them and to an opportunity for cross-examination, especially when that evidence is from a third party or a retracted statement. Failure to provide such an opportunity violates the principles of natural justice.

962

judgments rely on this decision, according to BharatTax’s citation analysis of 367,164 Indian tax judgments — from 2013 to 2026.

Also referred to as

Kishanchand Chellaram v. CIT · 125 ITR 713 · natural justice · cross-examination · evidence · third party statement · retracted statement · opportunity to rebut · assessment proceedings

Issues it is cited on

Judgments citing Kishanchand Chellaram v. CIT

Miot Hospitals Medical and Educational Mtrust, Chennai vs. ITO Exemptions Ward 4, Chennai

In the result the appeal of the assessee is allowed for statistical purposes only

ITA 1645/CHNY/2024[2016-17]Status: DisposedITAT Chennai29 Nov 2024AY 2016-17

Bench: Shri Aby T Varkey & Shri Amitabh Shuklaआयकर अपील सं./Ita Nos.1645/Chny/2024 निर्धारण वर्ा /Assessment Years: 2016-17 Miot Hospitals Medical & Income Tax Officer, Educational Trust, Exemptions Ward-4, No.4/112, Mount Poonamallee Road, Chennai Manapakkam, Chennai-89 [Pan: Aabtm3304L] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) : Shri S.Sundar Raman, Ca अपीलार्थी की ओर से/ Assessee By : Shri Keerthi Narayanan, Jcit प्रत्यर्थी की ओर से /Revenue By सुनवाई की तारीख/Date Of Hearing : 03.09.2024 घोषणा की तारीख /Date Of Pronouncement : 29.11.2024

For Appellant: Shri Keerthi Narayanan, JCIT
Section 11Section 12Section 13Section 13(1)(c)Section 13(3)Section 161Section 164(2)Section 250

…arbitrary or despotic actions. Therefore, any enquiries conducted at the back of the assessee and any conclusions drawn on the basis of such enquiries without confronting him, cannot justify any order arising therefrom. In the case of Kishan chand chella ram (125 ITR 713) Hon’ble Apex court has held that right to defend oneself is inherent to every litigant and cannot be taken away. It has been held by the Hon’ble Supreme Court in the case of Kishan chand chella ram Supra that an opportunity to cross examine :- 10 -: always rests with a defendant and cannot be taken away during any judicial proceedings. Thus we…