Roshan Di Hatti v. CIT

107 ITR 938Supreme Court of India1977#147 most cited

What is Roshan Di Hatti v. CIT authority for?

An assessee bears the onus to prove the identity, creditworthiness, and genuineness of any cash credit or transaction. If the assessee fails to discharge this burden with cogent evidence and explanation, the Assessing Officer is justified in making additions to their income, and no further burden lies on the revenue.

477

judgments rely on this decision, according to BharatTax’s citation analysis of 367,181 Indian tax judgments — from 2015 to 2026.

Also referred to as

Roshan Di Hatti v. CIT · Section 68 · assessee onus of proof · cash credits · genuineness of transaction · identity of creditor · creditworthiness of creditor · additions to income · unexplained money · Section 143(3) · Section 147

Issues it is cited on

Judgments citing Roshan Di Hatti v. CIT

Mr. Ganapathy Palaniyappan, Chennai vs. DCIT, Non Corporate Circle -8(1), Chennai

In the result, appeal filed by the assessee is allowed

ITA 557/CHNY/2022[2017-18]Status: DisposedITAT Chennai04 Jan 2023AY 2017-18

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./Ita No.: 557/Chny/2022 िनधा"रण वष" / Assessment Year: 2017-18 Mr. Ganapathy Palaniyappan, Dcit, T/D2 Anna Fruit Market, V. Non-Corporate Circle 8(1), Koyembedu, Chennai. Chennai – 600 092. [Pan: Ahppp-3037-N] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. Y. Sridhar, Fca ""यथ" क" ओर से/Respondent By : Shri. P. Sajit Kumar, Jcit सुनवाई क" तारीख/Date Of Hearing : 24.11.2022 घोषणा क" तारीख/Date Of Pronouncement : 04.01.2023 आदेश /O R D E R

For Appellant: Shri. Y. Sridhar, FCAFor Respondent: Shri. P. Sajit Kumar, JCIT
Section 115BSection 69A

…आयकर अपीलीय अिधकरण, ‘सी’ "यायपीठ, चे"ई IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH, CHENNAI "ी वी दुगा" राव, "याियक सद"य एवं "ी जी. मंजुनाथ, लेखा सद"य के सम" BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI G. MANJUNATHA, ACCOUNTANT MEMBER आयकर अपील सं./ITA No.: 557/Chny/2022 िनधा"रण वष" / Assessment Year: 2017-18 Mr. Ganapathy Palaniyappan, DCIT, T/D2 Anna Fruit Market, v. Non-Corporate Circle 8(1), Koyembedu, Chennai. Chennai – 600 092. [PAN: AHPPP-3037-N] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant by : Shri. Y. Sridhar, FCA ""यथ" क" ओर से/Respondent by : Shri. P. Sajit Kumar, J…

Trijal Enterprises, Bhubaneswar vs. ACIT, Circle- 4(1), Bhubaneswar

ITA 185/CTK/2020[2016-17]Status: DisposedITAT Cuttack15 Nov 2022AY 2016-17

Bench: S/Shri George Mathan & Arun Khodpiaassessment Year : 2016-17 Trijal Enterprises, Hall No.6, Vs. Acit, Circle-4(1), Fourth Floor, Bmc Bhawani Bhubaneswar Coom. Complex, Saheed Nagar, Bhubaneswar. Pan/Gir No.Aakft 6687 L (Appellant) .. ( Respondent) Assessee By : Shri P.K.Mishra,Ca P.K.Panda, Ars Revenue By : Shri M.K.Gautam, Cit Dr Date Of Hearing : 15/11/2022 Date Of Pronouncement : 15/11/2022 O R D E R Per Bench This Is An Appeal Filed By The Assessee Against The Order Of The Ld Cit(A)-1, Bhubaneswar Dated 22.6.2020 In Appeal No.0366/2018-19 For The Assessment Year 2016-17. 2. It Was Submitted By Ld Ar That The Assessee Is A Partnership Firm. The Partnership Firm Was Originally Constituted By Partnership Deed Dated 1.11.2015, Wherein, There Were Two Partners Namely; Shri Rajesh Polaki & Sri Malchit Chetan Kumar Patra. The Said Partnership Did Not Do Any Business. The Partnership Was Constituted For The Purpose Of Doing The Business Of Gold Jewellery. The Partnership Was Reconstituted On 1.3.2016, P A G E 1 | 37 Assessment Year : 2016-17

For Appellant: Shri P.K.Mishra,CA P.K.Panda, ARsFor Respondent: Shri M.K.Gautam, CIT DR
Section 131Section 133(6)Section 143(1)Section 68

…egative. We, accordingly, hold that on the facts and in the circumstances of the case, the Tribunal was not correct in deleting the above sum of Rs.16,700/- from the assessment of the firm." c) The Hon'ble Supreme Court in the case of Roshan Di Hatti vs. CIT (107 ITR 938 held that the law is well settled that the onus of proving the source of a sum of money found to have been received by an assessee is on him. If he disputes the liability for tax, it is for him to show either that the receipt was not income or that if it was, it was exempt from taxation under the provisions of the Act. In the absence of such proo…