Smt. Bhagwati Devi v. ITO

47 ITD 58Income Tax Appellate Tribunal1993#17964 most cited
5

judgments rely on this decision, according to BharatTax’s citation analysis of 341,001 Indian tax judgments — from 2017 to 2026.

Sections most often in play

Section 1961Section 142(1) of the Income Tax ActSection 143(2) of the Income Tax ActSection 143(3)Section 147Section 148Section 253(5)Section 28 of the Income Tax Act

Issues it is cited on

unexplained cash creditsection 68previous yearpersonsection 14nfacbusinessdocumentinterest

Judgments citing Smt. Bhagwati Devi v. ITO

Nilesh Jain, Indore vs. Income Tax Officer 1(1), Indore

Appeal is partly allowed

ITA 631/IND/2025[2011-12]Status: DisposedITAT Indore17 Apr 2026AY 2011-12

Bench: Shri B.M. Biyani & Shri Paresh M. Joshiassessment Year:2011-12 Nilesh Jain, Ito 1(1) 1, Gandhi Chowk, Indore बनाम/ Chandrawati Ganj Vs. Indore (Assessee/Appellant) (Revenue/Respondent) Pan: Ajxpj3919M Assessee By Shri Pankaj Mogra, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 13.04.2026 Date Of Pronouncement 17.04.2026

Section 143(3)Section 147Section 148Section 253(5)Section 44ASection 68

…s the books of accounts of the assessee for the purposes of section 68 of the Act: >Rameshbhai Somabhai Patel vs ITO (ITA No- 1864/AHD/2014) dated 19.04.2018 >Smt. Nirmala Devi vs ITO (2017) 88 taxmann.com 870 (Jodhpur-Trib.) >Smt. Bhagwati Devi v. ITO [1993] 47 ITD 58 (Cal.) >ITO v. Kamal Kumar Mishra [2013] 33 taxmann.com 610 (Lubknow-Trib.) >Smt. Ramilaben B Patel vs ITO [2018] 100 taxmann.com 325 (Ahmedabad Trib.) >ITO vs. Om Prakash Sharma (ITA 2556/Del/2009) >Babbal Bhatia vs. ITO (2018) 65 ITR (Trib.) 500 (Delhi) >Satish Kumar v ITO (2019) 198 TTJ (Asr) 114 3.6) In view of the above it is submitted that th…

Kalpana Mishra, Bhubaneswar vs. ITO, Ward 5(4), Bhubaneswar

In the result, appeal of the assessee is partly allowed for statistical purposes

ITA 491/CTK/2024[2016-17]Status: DisposedITAT Cuttack28 Jan 2025AY 2016-17

Bench: Shri George Mathan & Shri Manish Agarwalआयकर अपील संसंसंसं/Ita No.491/Ctk/2024 (िनधा"रण िनधा"रण िनधा"रण वष" िनधा"रण वष" वष" / Assessment Year : 2016-2017) वष" Kalpana Mishra, Vs Ito Ward-5(4), Bhubaneswar Plot No.B-87/A, Chandaka Industrial Estate, Patia, Bhubaneswar-751024 Pan No. :Alfpm 2864 E (अपीलाथ" अपीलाथ" अपीलाथ" /Appellant) अपीलाथ" (""यथ" ""यथ" ""यथ" / Respondent) ""यथ" .. िनधा"रती िनधा"रती क" िनधा"रती िनधा"रती क" क" ओर क" ओर ओर सेसेसेसे /Assessee By ओर : Shri B.R.Pattnaik, Ca राज"व राज"व क" राज"व राज"व क" क" ओर क" ओर ओर सेसेसेसे /Revenue By ओर : Shri S.C.Mohanty, Sr. Dr सुनवाई क" तारीख / Date Of Hearing : 28/01/2025 घोषणा क" तारीख/Date Of Pronouncement : 28/01/2025 आदेश आदेश / O R D E R आदेश आदेश Per Bench : This Is An Appeal Filed By The Assessee Against The Order Dated 07.03.2024, Passed By The Cit(A), National Faceless Appeal Centre (Nfac), Delhi In Din & Order No.Itba/Nfac/S/250/2023- 24/1062168195(1) For The Assessment Year 2016-2017, On The Following Grounds :- 1. Hon'Ble Cit(Appeals), Nfac Has Erred In Law & On Facts In Confirming The Action Of The Learned Ao Even Though The Learned Ao Has Exceeded His Jurisdiction In A Limited Scrutiny Case Selected Under Cass Only To Examine Whether The Investment & Income Relating To Securities Transactions Are Duly Disclosed Or Not & Added A Sum Of Rs.44,00,000.00 U/S 68 Of The Income Tax Act, 1961, Without Obtaining Prior Administrative Approval Of The Concerned Pr. Cit/Cit As Prescribed In Circular F. No. 225/402/2018/Ita.Ii, Dated 28- 11-2018 & Instruction No.5/2016 [F.No.225/269/2015-

Section 68

…of a partner of a firm based on an entry found in the 15 books of accounts of the partnership firm because books of accounts of the firm cannot be treated as books of accounts of the partner of the firm. 3.2.8. In the case of Smt. Bhagwati Devi v. ITO [1993] 47 ITD 58 (Cal.), it has been held as under: "The provisions of section 68 also in our view, are not attracted in the instant case as the sum of Rs. 1 lac was not found credited in the books of account maintained by the assessee for the previous year relevant to the year under appeal. Section 68 comes into operation if any sum is found credited in the books…

ACIT, Cir-1(3), Surat vs. Pravin Pannalal Shah, Surat

In the result, appeal of the Revenue is dismissed

ITA 289/SRT/2022[2014-15]Status: DisposedITAT Surat31 Jul 2023AY 2014-15

Bench: Shri Pawan Singh, Jm & Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.289/Srt/2022 (िनधा"रणवष" / Assessment Year: (2014-15) (Virtual Court Hearing) Assistant Commissioner Of Shri Pravin Pannalal Shah Lal Bunglow, Athwalines, Income-Tax, Circle-1(3, Vs. Surat-395007 Room No.301, 3Rd Floor, Anavil Business Centre, Hajira Road, Adajan, Surat-395009 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Adrps 1045 H (अपीलाथ" /Assessee) (""थ"/Respondent)

For Appellant: Shri Tushar P. Hemani, Sr. Advocate &For Respondent: Shri Vinod Kumar, Sr-DR
Section 142(1)Section 143(2)Section 143(3)Section 68

…The subject matter is money which was transferred by Banking channel and the delivery of the money is accepted. No consideration is proved by the revenue.” (vi) The Hon'ble Calcutta Bench of ITAT in the case of Smt. Bhagwati Devi Vs. ITO - reported in (1993) 47 ITD 58 - observed: "It is evident from the discussions extracted by us above from the impugned order that the A.O. did not decide the issue with an open mind and was perhaps biased that the assessee, a lady residing in India, could receive a gift of Rs.1 lac from a resident of Nepal out of natural love and affection and also without there being any eviden…

Shri Satbir Singh Bhullar, Amritsar vs. Income Tax Officer Ward- 5 (4), Amritsar

In the result, the appeal of the assessee bearing ITA No

ITA 258/ASR/2022[2008-09]Status: DisposedITAT Amritsar02 Mar 2023AY 2008-09

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 139(1)Section 147Section 148Section 250(6)Section 250oSection 68

…relevant accounting v. year assessee received a gift from a foreign resident out of Income-tax natural love and affection- Amount in question was brought in by way of demand draft and credited to Officer assessee’s account directly with bank - A sworn [1993] 47 ITD 58 declaration from donor was also filed by assessee - (CAL.) Whether when there was no proof that gift was collusive or a dubious device or a subterfuge to evade tax, amount of gift could be assessed in assessee’s hands - Held, no - Whether, since amount of gift was not credited in books of account maintained by assessee during relevant accounting pe…

Sh. Baldev Singh, New Delhi vs. DCIT, New Delhi

The appeal of the assessee stands allowed

ITA 2471/DEL/2014[2005-06]Status: DisposedITAT Delhi08 Jun 2017AY 2005-06

Bench: Shri N.K. Saini & Shri Sudhanshu Srivastavaay: 2005-06 Baldev Singh, Vs Dcit, Prop. M/S Madaan Plasstic Industry, Circle 27(1), A-71, Naraina Industrial Area, New Delhi. Phase-I, New Delhi. (Pan: Aarps7097L) (Appellant) (Respondent) Appellant By : Shri G.S. Kohli, Ca Respondent By : Shri S.K. Jain, Dr Date Of Hearing: 9.3.2017 Date Of Pronouncement: 8.6.2017 Order

For Appellant: Shri G.S. Kohli, CAFor Respondent: Shri S.K. Jain, DR
Section 68

…ond comprehension and human probability that a person would gift an amount of Rs. 62 lakhs to even a friend. Thus, the entire case of the Department is apparently built on suspicion only. The ITAT Calcutta Bench in Smt. Bhagwati Devi versus ITO reported in 47 ITD 58, while examining the issue of genuineness of a gift held, “…..the AAC did not decide the issue with an open mind and was perhaps biased that the assessee, a lady, residing in India, could receive a gift of Rs. 1 lakh from a foreign resident out of natural love and affection and also without there being any I.T.A. No. 2471/Del/2014 Assessment ye…

Smt. Bhagwati Devi v. ITO (47 ITD 58) — Cited in 5 Judgments | BharatTax