Madhuri Das Narain Das v. CIT

72 ITR 757High Court1969#4546 most cited

What is Madhuri Das Narain Das v. CIT authority for?

An addition under section 68 or 69 of the Income Tax Act, 1961, is not permissible if the Assessing Officer has already accepted the sales realization as the income of the assessee, as this would amount to double taxation of the same income. Whether a receipt is to be treated as income depends largely on the facts and circumstances of each case, and the assessee's explanation must be considered.

26

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2007 to 2024.

Also referred to as

Madhuri Das Narain Das v. CIT · 72 ITR 757 · Section 68 · Section 69 · double taxation · cash credits · unexplained income · onus of proof · income addition · sales realization

Judgments citing Madhuri Das Narain Das v. CIT

RAGHUPATHY SRIVATSA RAVIKUMAR ,CHENNAI vs. ITO , NON CORPORATE WARD -1 (3), CHENNAI

In the result, appeal filed by the assessee is dismissed

ITA 991/CHNY/2022[2017-2018]Status: DisposedITAT Chennai11 Aug 2023AY 2017-2018

Bench: Shri Manjunatha. G, Hon’Bleआयकर अपील सं./Ita No.: 991/Chny/2022 िनधा"रण वष" / Assessment Year: 2017-18 Raghupathy Srivatsa Income Tax Officer, Ravikumar, V. Non Corporate Ward 1(3), C/O. J. Prabhakar, Chennai. Chartered Accountant, No. 245, Residency Apartments, T.T.K. Road, Alwarpet, Chennai – 600 018. [Pan: Aizpr-6860-L] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. J. Prabhakar, Fca ""यथ" क" ओर से/Respondent By : Shri. D. Hema Bhupal, Jcit सुनवाई क" तारीख/Date Of Hearing : 02.08.2023 घोषणा क" तारीख/Date Of Pronouncement : 11.08.2023 आदेश /O R D E R

For Appellant: Shri. J. Prabhakar, FCAFor Respondent: Shri. D. Hema Bhupal, JCIT
Section 50Section 55

…ssessing Officer and CIT(A) rejected arguments of the assessee and made additions u/s. 69 of the Act. In this regard, he relied upon certain judicial precedents including the decision of Hon’ble Kerala High Court in the case of K.S. Kannan Kunhi vs CIT [1969] 72 ITR 757 :-7-: ITA. No:991/Chny/2022 (Ker). The assessee had also relied upon the Hon’ble Supreme Court in the case of Mehta Parikh and Co vs CIT [1956] 30 ITR 181 (SC) and also relied upon the decision of ITAT Chennai Benches in the case of Umamaheswari vs ITO in ITA No. 527/Chny/2022. 7. The ld. DR, Shri. D. Hema Bhupal, JCIT, supporting the order of t…

RAMESH CHAND INVESTMENT & LEASING PVT. LTD.,NEW DELHI vs. ACIT, CIRCLE- 21(2), NEW DELHI

ITA 6009/DEL/2017[2004-05]Status: DisposedITAT Delhi07 Dec 2021AY 2004-05

Bench: Smt. Diva Singh & Shri R.K. Pandaassessment Year: 2004-05 Ramesh Chand Investment & Vs. Acit, Leasing Pvt. Ltd., Circle-21(2), 69/2A, Najafgarh Road Industrial New Delhi. Area, New Delhi. Pan:Aaccr3585Q (Appellant) (Respondent) Assessee By : None Revenue By : Shri Anilgandhi, Sr. Dr Date Of Hearing : 06.12.2021 Date Of Pronouncement : 07.12.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 1St March,2013 Of The Cit(A)-18, New Delhi, Relating To Assessment Year 2004-05. 2. None Appeared On Behalf Of The Assessee At The Time Of Hearing. No Application For Adjournment Of Hearing Has Been Filed. A Perusal Of The Order Sheet Entries Shows That No One Was Appearing On The Previous Occasions. Although Notices Have Been Sent By The Registry Through Rpad, Every Time The Same Was Returned By The Postal Authorities With The Remark ‘No Such Person In The Address.’ The Assessee Has Also Not Taken Any Step To Intimate The Change Of Address, If Any. Under These Circumstances, We Deem It Proper To Decide The Appeal On The Basis Of The Material Available On Record & After Hearing The Ld. Dr.

For Appellant: NoneFor Respondent: Shri AnilGandhi, Sr. DR
Section 143(2)Section 144Section 147Section 148

…banking transaction was not by itself of any consequence. The High Court misdirected itself and erred in disturbing the concurrent findings of fact. Sumati Dayal v. CIT [1995] 214 ITR 801 (SC); [1995] Supp 2 SCC 453 relied on. K. S. Kannan Kunhi v. CIT [1969] 72 ITR 757 (Ker) considered. Decision of the Madras High Court in A. Rajendran v. Asst. CIT [2007] 291 ITR 178 reversed.” The Hon'ble Delhi High Court in the case of Commissioner of Income-tax v. NovaPromoters and Finlease (P) Ltd. [2012] 342 ITR 0169- has distinguished the case of CIT v. Oasis Hospitalities P. Ltd. [2011] 333 ITR 119 (Delhi) and has held as…

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Madhuri Das Narain Das v. CIT (72 ITR 757) — Cited in 26 Judgments | BharatTax