Omar Salay Mohamed Sait v. CIT

37 ITR 151Supreme Court of India1959#197 most cited

What is Omar Salay Mohamed Sait v. CIT authority for?

An income tax assessment or addition cannot be made based solely on suspicion, surmises, or conjectures. The income tax department requires evidence or material to justify an addition, as suspicion, however strong, does not constitute proof.

372

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2012 to 2026.

Also referred to as

Omar Salay Mohamed Sait v. CIT · 37 ITR 151 · suspicion not proof · assessment without evidence · no addition on conjecture · surmises and suspicion · sections 143(3) 147 68 · income tax assessment evidence · burden of proof income tax · evidentiary value

Issues it is cited on

Judgments citing Omar Salay Mohamed Sait v. CIT

Ram Kumar Gupta, Kolkata vs. ACIT, Cir. 43, Kolkata

In the result, the appeal of the assessee stands allowed

ITA 309/KOL/2024[2017-18]Status: DisposedITAT Kolkata09 Aug 2024AY 2017-18

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A. No.309/Kol/2024 Assessment Year: 2017-18 Ram Kumar Gupta…...…………….....……………………....………....Appellant 67/46, Posta Chowrasta, Kolkata -700007. [Pan: Adrpg8556B] Vs. Acit, Circle-43, Kolkata…...................................................…..…..... Respondent Appearances By: Shri Rajiva Kumar, Ar, Appeared On Behalf Of The Appellant. Shri Abhijit Kundu, Cit- Dr On Behalf Of P. P. Barman, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 30, 2024 Date Of Pronouncing The Order : August 09, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 07.12.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Agitated Against The Confirmation Of Addition Of Rs.1,10,46,000/- Made By The Assessing Officer On Account Of Cash Deposits In The Bank Account Of The Assessee During Demonetization Period. 3. The Brief Facts Of The Case Are That The Assessee Derives Income From Retail Trading In The Name Of M/S R. Kumar & Co. The Assessee Filed His Return Of Income On 28.07.2017 Declaring A Total Income Of Rs.8,19,420/-. The Return Was Selected For Scrutiny & Notices U/S

Section 250Section 44ASection 68

…is proposition, is placed on the orders in the cases of Dhirajlal Giridharilal Vs CIT (1954) 26 ITR 736 (SC); Lalchand Bhagat Ambica Ram Vs CIT (1959) 37 ITR 288 (SC); Umacharan Shaw & Bros Vs,.ClT (1959) 37 ITR 271 (SC); Omar Salay Mohamad Sait Vs CIT (1959) 37 ITR 151 (SC). I.T.A. No.309/Kol/2024 Assessment Year: 2017-18 Ram Kumar Gupta 1.20 In view of the facts of the case and the case laws discussed in the preceding paragraphs, it is submitted that the addition of the sale proceeds deposited in the bank account as undisclosed income is unjustified. There is no material to hold that the cash deposited was no…