Namasivayam Chettiar v. CIT

38 ITR 579Supreme Court of India1960#2091 most cited

What is Namasivayam Chettiar v. CIT authority for?

Once books of account are rejected under section 145(3), the income should be estimated, and no further additions can be made by disallowing expenditure or referring to unsubstantiated statements.

55

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2010 to 2026.

Also referred to as

Namasivayam Chettiar v. CIT · section 145(3) · rejection of books of account · estimation of income · addition of expenditure · unsubstantiated statements

Issues it is cited on

Judgments citing Namasivayam Chettiar v. CIT

M/S. Casa Del Tubo, Bangalore vs. Assistant Commissioner of Income Tax, Circle- 6(1), Bengaluru

In the result, appeal of the assessee is dismissed

ITA 1705/BANG/2019[2009-10]Status: DisposedITAT Bangalore09 Jul 2020AY 2009-10

Bench: Shri A. K. Garodia & Shri Pavan Kumar Gadaleassessment Year : 2009-10 M/S. Casa Del Tubo, Vs. The Assistant Commissioner Of No.485/5A, 14Th Cross, Income Tax, 4Th Phase, Peenya Industrial Area, Circle – 6(1), Bengaluru – 560 058. Bengaluru. Pan : Aaffc 3427 N Appellant Respondent Assessee By : Shri. V. Srinivasan, Advocate Revenue By : Smt. R. Premi, Jcit (Dr)(Itat), Bengaluru Date Of Hearing : 01.07.2020 Date Of Pronouncement : 09.07.2020 O R D E R Per A. K. Garodia, Am: This Appeal Is Filed By The Assessee & The Same Is Directed Against The Order Of Learned Cit(A)-7, Bengaluru, Dated 23.05.2019 For Assessment Year 2009-10. 2. The Grounds Raised By The Assessee Are As Under:

For Appellant: Shri. V. Srinivasan, AdvocateFor Respondent: Smt. R. Premi, JCIT (DR)(ITAT), Bengaluru
Section 244ASection 250

…addition is only about 1% of the total sales receipts since satisfactory explanation is not offered before him. The AO has placed reliance on the judgment of Hon’ble Apex Court rendered in the case of S. N. Namasivyam Chettiar Trading Co. Ltd., Vs. CIT (Panj) 38 ITR 579 and also on the judgment of Hon’ble Bombay High Court in the case of Dhondiram Dalichand vs CIT (Bom) 81 ITR 609. Hence, it is seen that the addition was made by the AO on this basis that regarding fall in GP, no satisfactory explanation is furnished by the assessee before him. At this juncture, we examine the applicability of the Tribunal order c…