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 367,164 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

Income Tax Officer, Ward-3(4), Raipur vs. Shri Anil Kumar Panthi, Raipur

In the result, the appeal of revenue is allowed for statistical purposes and cross objection of the assessee stands dismissed

ITA 236/RPR/2017[2012-13]Status: DisposedITAT Raipur31 Oct 2022AY 2012-13

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अऩीऱ सं./Ita No.236/Rpr/2017 (ननधाारण वषा / Assessment Year :2012-2013) Ito-3 (4), Raipur Vs Shri Anil Kumar Panthi, Shop No.23, G.E.Road, Medical Complex, Raipur Pan No. : Aeqpp 5835 A (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. & Cross Objection No.09/Rpr/2017 (Arising Out Of Ita No.236/Rpr/2017) (ननधाारण वषा / Assessment Year :2012-2013) Shri Anil Kumar Panthi, Vs Acit-4(1), Raipur Shop No.23, G.E.Road, Medical Complex, Raipur Pan No. : Aeqpp 5835 A (अऩीऱाथी /Appellant) .. (प्रत्यथी / Respondent) ननधााररती की ओर से /Assessee By : Shri G.S.Agrawal, Ca राजस्व की ओर से /Revenue By : Shri G.N.Singh, Sr. Dr सुनिाई की तारीख / Date Of Hearing : 25/07/2022 घोषणा की तारीख/Date Of Pronouncement : 31/10/2022 आदेश / O R D E R Per Arun Khodpia, Am : The Revenue Has Filed Appeal Against The Order Passed By The Cit(A)-I, Raipur, Dated 17.07.2017 For The Assessment Year 2012-2013. The Assessee Has Also Filed Cross Objection To The Appeal Filed By The Revenue. 2. The Revenue In Its Appeal Has Taken The Following Grounds:- 1. “Whether On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Was Justified In Deleting The Addition Of Rs.2,35,21,935/- Made By The Ao On Account Of Unexplained Unsecured Loan Without Appreciating The Facts On Record?” 2. “Whether Cit(A) Committed An Error In Law In Not Appreciating The Purport Of Provisions Of Sections 68 Of The Income-Tax Act

For Appellant: Shri G.S.Agrawal, CAFor Respondent: Shri G.N.Singh, Sr. DR
Section 250(4)Section 68

…assessee Ld AR has placed copies of following judgments in its case law compilation paper book. On satisfaction u/s.68 i) CIT Vs. P. Mohanakala (2007) 291 ITR 278 (SC) ii) Rajshree Synthetics Pvt. Ltd. Vs. CIT 256 ITR 331 Raj. iii) Mehta Parikh & Co. Vs. CIT 30 ITR 181 SC iv) CIT v. Smt. P.K. Noorjahan 237 ITR 570 SC On discharge of burden u/s 68 v) ITO vs. Smt. Pratima Ashar (2019) 107 taxmann.com 135 MumTrib dt. 06.06.2019 vi) Pawan Kumar Agrawal Vs. ITO-2(2), Bilaspur Tax Case No. 24 of2011 Chhattisgarh HC vii) CIT Vs. Abdul Aziz (2012) 82 CCH 248 ChattHC viii) ITO-1, Raigarh Vs. Koushal Agrawal 22 ITJ 233 IT…

Sanjiv Ramesh Kochhar, Mumbai vs. ACIT Circle 17(3), Mumbai

In the result, appeal filed by the assessee is allowed

ITA 818/MUM/2022[2017-18]Status: DisposedITAT Mumbai04 Oct 2022AY 2017-18

Bench: Shrikuldip Singh & Shri Gagan Goyalsanjiv Ramesh Kochhar 202, A Wing, Eastern Court, Tejpal Road, Vile Parle (E), Mumbai-400057. Pan: Aadpk0769K ...... Appellant Vs. Acit, Circle-17(3) Room No. 122, 1St Floor, Kautilya Bhavan, C-141 To C-43, G Block, Bkc, Bandra (E), Mumbai-400051. ..... Respondent Appellant By : Sh. Govind Javeri Respondent By : Sh. Tejinder Pal Singh Date Of Hearing : 13/07/2022 Date Of Pronouncement : 04/10/2022 Order Per Gagan Goyal, A.M: This Appeal By The Assessee Is Directed Against The Order Of National Faceless Appeal Centre, Delhi [Hereinafter Referred To As [‘Nfac’] Dated 26.11.2021 Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter

For Appellant: Sh. Govind JaveriFor Respondent: Sh. Tejinder Pal Singh
Section 143Section 250Section 271ASection 69C

…h payment of Credit card purchases amounting Rs. 9,72,500 then in that case the question of treating the same u/s 69C as unexplainedexpenditure, does not arise. We have relied on below case laws, 1. As explained in case law of Mehta Parikh & Co. v. CIT [1956] 30 ITR 181 (SC)., it was held that, when assessee submitted books of account showing relevant entries showing payment being made to them which resulted in cash in its books and also submitted affidavits of payers, Revenue authorities cannot hold that it was not possible that all payments after a particular date were being made in multiples of Rs. 1000. No ad…

ITO, WD.25(4), Kolkata vs. Pabitra Majumder, Kolkata

In the result, the appeal of the revenue is dismissed & C

ITA 53/KOL/2021[2017-18]Status: DisposedITAT Kolkata15 Sept 2022AY 2017-18

Bench: Shri Sonjoy Sarma, Hon’Ble & Shri Girish Agrawal, Hon’Bleassessment Year: 2017-18 Ito, Ward-25(4), Kolkata Shri Pabitra Majumder Vs. W/2, Akra Road, Bartala, Kolkata – 700 066. [Pan: Axzpm 1249 D] (Appellant) (Respondent) C.O. No.10/Kol/2021 (Arising Out Of Ita No. 53/Kol/2021) Assessment Year: 2017-18 Shri Pabitra Majumder Ito, Ward-25(4), Kolkata W/2, Akra Road, Bartala, Vs. Kolkata – 700 066. [Pan: Axzpm 1249 D] (Cross-Objector) (Respondent) Present For: Assessee By : Shri Manoj Kataruka, Ar Revenue By : Shri Pradip Kumar Mandal, Acit, Dr Date Of Hearing : 06.07.2022 Date Of Pronouncement : 15.09.2022 O R D E R Per Sonjoy Sarma, Jm: This Appeal Is Preferred By The Revenue Against The Order Of Ld. Cit(A) -7, Kolkata Dated 24.08.2020 & Consequent To That Another Cross-Objection Filed By The Assessee Being C.O. No. 10/Kol/2021. “I. That On The Facts & In The Circumstances Of The Case, The Cit(A) Was Correct In Upholding The Contention Of The Assessee In Absence To Any Verifiable Material To Warrant The Same.

For Appellant: Shri Manoj Kataruka, ARFor Respondent: Shri Pradip Kumar Mandal, ACIT, DR
Section 69A

…t applicable to the facts of the case in hand. The decision which more aptly applies to the present facts would be the apex court decision of Mehta Parikh & Co vs. CIT 5 ITA No.53/KOL/2022 & C.O. No. 10/Kol/2021 Shri Pabitra Majumder A.Y. 2017-18 reported in 30 ITR 181 (SC) again dealing with case of en-cashing the high denominations during the 1946 Demonetization Ordinance. The addition made by AO was reduced by the Tribunal thereby accepting in part the explanation provided. The Hon’ble Supreme Court held that assessee had furnished a reasonable explanation and the Tribunal accepting in part and disallowing in…