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 367,154 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

Gaurav Goel, Chandigarh vs. ITO, Ward 4(3), Chandigarh

In the result, the appeal of the assessee stands allowed

ITA 132/CHANDI/2024[2017-18]Status: DisposedITAT Chandigarh24 Feb 2025AY 2017-18

Bench: Shri Vikram Singh Yadav & Shri Paresh M. Joshiआयकर अपील सं./ Ita No. 132/Chd/2024 "नधा"रण वष" / Assessment Year: 2017-18 Gaurav Goel, Vs. The Ito, बनाम H. No. 1676, Sector 33-D, Ward 4(3), Chandigarh Chandigarh "थायी लेखा सं./Pan No: Ahgpg3162Q अपीलाथ"/ Assessee ""यथ"/ Repsondent ( Physical Hearing ) "नधा"रती क" ओर से/Assessee By : Shri Jaspal Sharma, Advocate राज"व क" ओर से/ Revenue By : Shri Vivek Vardhan, Jcit, Sr. Dr सुनवाई क" तार"ख/Date Of Hearing : 17.12.2024 उदघोषणा क" तार"ख/Date Of Pronouncement : 24.02.2025 आदेश/Order Per Paresh M. Joshi, Jm :

For Appellant: Shri Jaspal Sharma, AdvocateFor Respondent: Shri Vivek Vardhan, JCIT, Sr. DR
Section 142(1)Section 143(1)Section 143(2)Section 250Section 253

…accounts could not be bye passed merely on the whims and fancies of the authorities.” 132-chd-2024 Gaurav Goel, Chandigarh 22 11.3 Further, reference was drawn to the decision of the Hon'ble Supreme court in case of Mehta Parikh and Company vs. CIT (1956) 30 ITR 181 (SC) wherein it was held as under: “It has to be noted, however, that beyond these calculations of figures, no further scrutiny was made by the Income-tax Officer or the Appellate Assistant Commissioner of the entries in the cash book of the appellants. The cash book of the appellants was accepted and the entries therein were not challenged. The…

Sadhana Ashok Bhandari, Pune vs. ITO Ward 5(1), Pune

In the result, Appeal of the assessee is allowed

ITA 1615/PUN/2024[2017-18]Status: DisposedITAT Pune25 Nov 2024AY 2017-18

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1615/Pun/2024 िनधा"रण वष" / Assessment Year: 2017-18 Sadhana Ashok Bhandari, V The Income Tax Officer, Queenies Duplex, Vidyasagar S Ward-5(1), Pune. Colonym, Salisbury Park, Market Yard, Pune – 411037. Pan: Agmpb0289Q Appellant/ Assessee Respondent / Revenue Assessee By Shri Rishabh Patni – Ca/Ar Revenue By Shri Prakash L Pathade - Dr Date Of Hearing 14/11/2024 Date Of Pronouncement 25/11/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac] For A.Y.2017- 18 Dated 14.06.2024 Passed U/Sec.250 Of The Income Tax Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal : “1. On Facts & Circumstances Prevailing In The Case & As Per Provisions & Scheme Of The Act, It Be Held That The Ld.Ao Framed The Assessment Order Without Issuing Show Cause Notice To The Appellant Is Violation Of Principles Of Natural Justice & Not In Accordance With The Provisions Of Law. The Assessment So Framed Shall Be Treated As Null & Void. Appellant Be Granted Just & Proper Relief In This Respect.

Section 250Section 69A

…In these facts and circumstances of the case, we are of the opinion that once Assessing Officer accepted the cash book, there is no reason for AO to make an addition of Rs.6,79,000/-. 2.3 The Hon’ble Supreme Court in the case Mehta Parikh & Co Vs. CIT [1956] 30 ITR 181 dated 10.05.1956 has observed as under : 5 “This being the position, the state of affairs, as it obtained on 12th January 1946, had got to be appreciated, having, regard to those entries in the cash books and the affidavits filed before the Appellate Assistant Commissioner, taking them at their face value. The entries in the cash books disclosed…