Smt Dayawanti v. CIT

75 Taxmann.com 308High Court2016#779 most cited

What is Smt Dayawanti v. CIT authority for?

Additions to income based on statements recorded under section 132(4) during a search are valid, and such statements possess evidentiary value even if later retracted. Assessments made under section 153A, relying on these statements, are valid if completed within the prescribed time limits.

131

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2017 to 2026.

Also referred to as

Smt Dayawanti v. CIT · Smt Dayawanti vs CIT · 75 Taxmann.com 308 · section 132(4) statement · section 153A assessment · retracted statement · evidentiary value · additions based on search statement · time limit for search assessment · validity of assessment

Issues it is cited on

Judgments citing Smt Dayawanti v. CIT

Shyam Sunder Jindal, New Delhi vs. ACIT, New Delhi

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

ITA 5448/DEL/2016[2006-07]Status: DisposedITAT Delhi10 Apr 2017AY 2006-07

Bench: Sh. N. K. Saini, Am & Smt. Beena Pillai, Jm Ita No. 5448/Del/2016 : Asstt. Year : 2006-07 Shyam Sunder Jindal, Vs Asstt. Commissioner Of Income 12A, Green Avenue, Sector-D, Tax, Central Circle-30, Pocket-3, Vasant Kunj, New Delhi New Delhi-110070 (Appellant) (Respondent) Pan No. Aagpj0184N Assessee By : Sh. Ajay Vohra, Sr. Adv. & Sh. Rohit Garg, Adv. Revenue By : Sh. S. S. Rana, Cit Dr Date Of Hearing : 16.02.2017 Date Of Pronouncement : 10.04.2017 Order Per N. K. Saini, Am: This Is An Appeal By The Assessee Against The Order Dated 24.08.2016 Of Ld. Cit(A)-30, New Delhi

For Appellant: Sh. Ajay Vohra, Sr. Adv. &For Respondent: Sh. S. S. Rana, CIT DR
Section 132Section 143(3)Section 153ASection 153B(1)(viii)Section 4

…Act will expire on 31.03.2015. As such the assessment order passed u/s 153A of the Act on 27.02.2015 was within the prescribed time limit and the assessment made by the AO was valid. The reliance was placed on the following case laws: " Smt. Dayawanti Vs CIT 75 Taxmann.com 308 (Del.) 37 Shyam Sunder Jindal " E.N. Gopakumar Vs CIT (2016) 75 Taxmann.com 215 (Ker.) " CIT Vs St. Francis Clay Décor Tiles 385 ITR 624 (Ker.) " CIT Vs Anil Kumar Bhatia 352 ITR 493 (Del.) " Filatex India Ltd. Vs CIT 49 Taxmann.com 465 (Del.) 18. It was further submitted that the addition had been made by the AO on the basis of statement…