Rameshchandra & Co. v. CIT

168 ITR 375High Court1987#2740 most cited

What is Rameshchandra & Co. v. CIT authority for?

A statement recorded under Section 132(4) of the Income-tax Act during a search operation carries significant evidentiary value, and its subsequent retraction is only valid if supported by cogent reasons and evidence of coercion or falsehood.

43

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2008 to 2025.

Also referred to as

Rameshchandra & Co. v. CIT · Section 132(4) · retraction of statement · statement during search · evidentiary value of statement · coercion · validity of retracted statement · assessment procedure · 168 ITR 375 · 35 Taxmann.com 153

Issues it is cited on

Judgments citing Rameshchandra & Co. v. CIT

Surekha Tukaram Dudhe, Panvel vs. Income Tax Officer, Ward - 4, Panvel, Navi Mumbai

In the result, the appeal filed by the assessee stands partly allowed for statistical purposes

ITA 589/PUN/2022[2015-16]Status: DisposedITAT Pune28 Dec 2022AY 2015-16

Bench: Shri S. S. Godara & Shri Inturi Rama Raoआयकर अपील सं. / Ita No.589/Pun/2022 िनधा"रण वष" / Assessment Year : 2015-16 Surekha Tukaram Dudhe, Vs. Ito, Ward-4, Panvel. Shop No.13, Dudhe Vitevari, Plot No.1, Sector- 3A, Karanjade, New Panvel Navi Mumbai- 410206. Pan : Aiqpd9270M Appellant Respondent Assessee By : Shri Kishor Phadke Revenue By : Shri M. G. Jasnani Date Of Hearing : 27.12.2022 Date Of Pronouncement : 28.12.2022 आदेश / Order Per Inturi Rama Rao, Am : This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals)-11, Pune [‘The Cit(A)’] Dated 20.05.2022 For The Assessment Year 2015-16. 2. Briefly, The Facts Of The Case Are That The Appellant Is An Individual Engaged In The Business Of Builder. The Return Of Income For The Assessment Year 2015-16 Was Filed On 29.10.2015

For Appellant: Shri Kishor PhadkeFor Respondent: Shri M. G. Jasnani
Section 143(3)Section 43CSection 68

…T(A), who vide impugned order dismissed the appeal by holding that when the additions were made based on the consent of the appellant, no appeal lies placing reliance on the decision of the Hon’ble Bombay High Court in the case of Rameshchandra & Co. vs. CIT, 168 ITR 375 (Bombay) and the decision of the Hon’ble Uttarakhand High Court in the case of Deep 3 Kukreti vs. CIT, 53 taxmann.com 161 (Uttarakhand) without delving into the merits of the additions. 4. Being aggrieved, the appellant is in appeal before us in the present appeal. 5. We heard the rival submissions and perused the material on record. On perusal…

Chetan Raghunath Lavania, Nagpur vs. ITO, Ward- 1 (3), Nagpur

In the result, appeal of the Assessee is Dismissed

ITA 73/NAG/2015[2009-10]Status: DisposedITAT Nagpur15 Nov 2022AY 2009-10

Bench: S.S.Viswanethra Ravi & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita No.73/Nag/2015 िनधा"रणवष" / Assessment Year : 2009-10 Chetan Raghunath Lavania, The Income Tax Officer, House No.18, Poonam Vihar, Vs Ward-1(3), Nagpur Swawlambi Nagar, Indraprasth Layout, Nagpur – 440022. Pan Aampl 0196 Q Appellant/ Assessee Respondent /Revenue Assessee By None Revenue By Shri G.J.Ninawe- Jcit Date Of Hearing 09/11/2022 Date Of Pronouncement 15/11/2022 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)-1, Nagpur Dated 11.10.2014 Emanating From The Order Under Section 143(3) Of The Act Dated 27.12.2011 Passed By The Ito, Ward-1(3), Nagpur. The Appellant Has Raised The Following Grounds Of Appeal: “1. On The Facts & Circumstances Of The Case, The Assesssment Order Passed By The Learned Assessing Officer U/S 143(3) Is Bad In Law & On Facts & The Learned Cit Appeals Has Erred In Confirming The Same.

Section 143(3)

…ay the taxes one cannot say that assessee was aggrieved by the addition made by the AO, therefore, in principle the Appeal was not maintainable under section 246A of the Act. The Hon’ble Bombay High Court in the case of Ramesh Chandra & Company Vs. CIT [1987] 168 ITR 375 (Bom) has held as under : “9. The assessee had been asked by the Income-tax Officer to explain the discrepancy of 360 bags in a particular account in its books of account. In response, its partner appeared before the Income-tax Officer and expressed in writing the assessee's "inability to reconcile the discrepancies" and he asked that "the amount…

Metallica Tubes & Pipes Pvt Ltd., Mumbai vs. ITO-10(2)(4), Mumbai

In the result, appeal filed by the assessee is partly allowed and the revenue’s appeal is dismissed

ITA 4604/MUM/2019[2010-11]Status: DisposedITAT Mumbai26 Nov 2020AY 2010-11

Bench: Shri Shamim Yahya (Am) & Shri Ram Lal Negi (Jm) Assessment Year: 2010-11 M/S Metallica Tubes & Pipes Pvt. The Income Tax Officer- Ltd., Ward 10(2)(4) 106, Kanchanban, Dixit Road, Aayakar Bhavan, Vile Parle (E), Vs. Mumbai - 400020 Mumbai - 400057 Pan: Aafcm6609K (Appellant) (Respondent) Assessment Year: 2010-11 The Ito – 10(2)(4), M/S Metallica Tubes & Pipes R. No. 216-A, Aayakar Bhavan, Pvt. Ltd., M.K. Road, 106, Kanchanban, Dixit Road, Mumbai - 400020 Vs. Vile Parle (E), Mumbai - 400057 Pan: Aafcm6609K (Appellant) (Respondent)

For Appellant: Shri Haridas Bhat (AR)For Respondent: Shri Jeetendra Kumar (DR)
Section 115JSection 143Section 148

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES “SMC”, MUMBAI BEFORE SHRI SHAMIM YAHYA (AM) AND SHRI RAM LAL NEGI (JM) Assessment Year: 2010-11 M/s Metallica Tubes & Pipes Pvt. The Income Tax Officer- Ltd., Ward 10(2)(4) 106, Kanchanban, Dixit Road, Aayakar Bhavan, Vile Parle (E), Vs. Mumbai - 400020 Mumbai - 400057 PAN: AAFCM6609K (Appellant) (Respondent) Assessment Year: 2010-11 The ITO – 10(2)(4), M/s Metallica Tubes & Pipes R. No. 216-A, Aayakar Bhavan, Pvt. Ltd., M.K. Road, 106, Kanchanban, Dixit Road, Mumbai - 400020 Vs. Vile Parle (E), Mumbai - 400057 PAN: AAFCM6609K (Appellant) (Respondent) Revenue…