Mehta Parikh & Co. v. CIT

30 ITR 181Supreme Court of India1956#185 most cited

What is Mehta Parikh & Co. v. CIT authority for?

If the Assessing Officer or appellate authority does not rebut the facts stated in an affidavit, those facts are binding on the tax authorities.

396

judgments rely on this decision, according to BharatTax’s citation analysis of 367,181 Indian tax judgments — from 2012 to 2026.

Also referred to as

Mehta Parikh & Co. v. CIT · 30 ITR 181 · affidavit not rebutted · binding on AO · facts in affidavit · tax authorities bound by affidavit · statement in affidavit

Issues it is cited on

Judgments citing Mehta Parikh & Co. v. CIT

DCIT, CC-5(1), Mumbai vs. Hetal N. Shah (Leagal Heir of the Assessee Shri Nitin Rajmal Shah), Mumbai

In the result, we admit the appeal of the AO as it has been replaced by bringing the legal heir of deceased assessee on record but dismissed the appeal on the merits of the addition

ITA 1080/MUM/2023[2012-13]Status: DisposedITAT Mumbai22 Jan 2024AY 2012-13

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm Hetal Nitin Shah Dcit Legal Heir Of Nitin Rajmal Central Circle 5(1) Room No.1928, 19 Th Floor, Shah Air India Building, 301, Chandramani, Vs. Nariman Point, Hanuman Road, Mumbai-400 021 Vile Parle(E), Mumbai-400 057 (Appellant) (Respondent) Pan No. Aadps5476M Assessee By : Shri Jaiprakash Bairagra, Ar Revenue By : Shri Ashok Kumar Ambastha, Dr Date Of Hearing: 16.11.2023 Date Of Pronouncement : 22.01.2024

For Appellant: Shri Jaiprakash Bairagra, ARFor Respondent: Shri Ashok Kumar Ambastha
Section 131Section 132Section 133ASection 143Section 143(3)Section 68

…ng officer should have examined those persons and Nitin Rajmal Shah; A.Y. 2012-13 given an opportunity to the assessee of cross- examination. For this proposition, he relied upon the decision of the honourable Supreme Court in case of Mehta Parikh & co VS CIT 30 ITR 181 and of the coordinate bench in ITA number 5783/M/2017. The learned authorized representative further relied on the decision of the honourable Delhi High Court in case of 191 taxman 51 (Delhi) (322 ITR 396) wherein it has been held that wherein it has been held that when there is a violation of the principles of natural justice as the statements re…

Telmos Electronics, Haryana vs. ITO Ward-5, Hisar

In the result, the appeal of the assessee is dismissed

ITA 2807/DEL/2019[2015-16]Status: DisposedITAT Delhi31 Oct 2023AY 2015-16

Bench: Shri Kul Bharat & Shri M.Balaganesh[Assessment Years : 2015-16] Telmos Electronics, Vs Ito, Jindal Chowk, Model Town, Hisar, Ward-5, Haryana-125005. Hisar. Pan-Aacft1673L Appellant Respondent [Assessment Year: 2010-11] Telmos Electronics, Vs Jcit, Jindal Chowk, Model Town, Hisar, Hisar. Haryana-125005. Pan-Aacft1673L Appellant Respondent Appellant By None Respondent By Shri Anuj Garg, Sr.Dr Date Of Hearing 17.10.2023 Date Of Pronouncement 31.10.2023 Order Per Kul Bharat, Jm : Both Appeals Filed By The Assessee Against The Separate Orders Of Ld.Cit(A), Hisar Both Dated 31.12.2018 For The Assessment Years 2015-16 & 2010-11. The Appeals Are Taken Up Together For Hearing & Are Being Disposed Off By Way Of Consolidated Order For The Sake Of Brevity & Convenience.

Section 40A(3)Section 68

…r proving the identity of the payee firm were duly furnished along with an affidavit of Sh. Ravi Gupta (Partner firm)narrating the facts, in support of the contentions. Paper Book Page No.37, 37(i), 38, 40 & 41 On Affidavit: Mehta Parekh & Coy vs. CIT: (1956) 30 ITR 181 SC; HELD: If ITO fails to cross examine the deponent, the Affidavit becomes unchallengeable, accordingly any notional addition of Rs.171495/- u/s 40A (3) is quite unsustainable and liable to be quashed on all force. In short at substance the payments were made keeping in view the business expediency & its overall profitability and was made by the…

Telmos Electronics, Haryana vs. JCIT, Hisar

In the result, the appeal of the assessee is dismissed

ITA 2655/DEL/2019[2010-11]Status: DisposedITAT Delhi31 Oct 2023AY 2010-11

Bench: Shri Kul Bharat & Shri M.Balaganesh[Assessment Years : 2015-16] Telmos Electronics, Vs Ito, Jindal Chowk, Model Town, Hisar, Ward-5, Haryana-125005. Hisar. Pan-Aacft1673L Appellant Respondent [Assessment Year: 2010-11] Telmos Electronics, Vs Jcit, Jindal Chowk, Model Town, Hisar, Hisar. Haryana-125005. Pan-Aacft1673L Appellant Respondent Appellant By None Respondent By Shri Anuj Garg, Sr.Dr Date Of Hearing 17.10.2023 Date Of Pronouncement 31.10.2023 Order Per Kul Bharat, Jm : Both Appeals Filed By The Assessee Against The Separate Orders Of Ld.Cit(A), Hisar Both Dated 31.12.2018 For The Assessment Years 2015-16 & 2010-11. The Appeals Are Taken Up Together For Hearing & Are Being Disposed Off By Way Of Consolidated Order For The Sake Of Brevity & Convenience.

Section 40A(3)Section 68

…r proving the identity of the payee firm were duly furnished along with an affidavit of Sh. Ravi Gupta (Partner firm)narrating the facts, in support of the contentions. Paper Book Page No.37, 37(i), 38, 40 & 41 On Affidavit: Mehta Parekh & Coy vs. CIT: (1956) 30 ITR 181 SC; HELD: If ITO fails to cross examine the deponent, the Affidavit becomes unchallengeable, accordingly any notional addition of Rs.171495/- u/s 40A (3) is quite unsustainable and liable to be quashed on all force. In short at substance the payments were made keeping in view the business expediency & its overall profitability and was made by the…

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

…आयकर अपीलीय अिधकरण, ‘सी (एस एम सी)’ "यायपीठ, चे"ई IN THE INCOME TAX APPELLATE TRIBUNAL ‘C (SMC)’ BENCH, CHENNAI "ी मंजुनाथ. जी, लेखा सद"य के सम" BEFORE SHRI MANJUNATHA. G, HON’BLE ACCOUNTANT MEMBER आयकर 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…