Smt. Sarika Jain v. CIT

407 ITR 254High Court2018#2198 most cited

What is Smt. Sarika Jain v. CIT authority for?

An appellate authority cannot sustain or reclassify an addition made by the Assessing Officer under a specific section of the Income Tax Act by invoking a different section, especially if the alternative section was not the original subject matter of the dispute.

53

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2018 to 2026.

Also referred to as

Smt. Sarika Jain v. CIT · Sarika Jain · Section 68 · Section 69A · Income Tax Act 1961 · addition under one section · upholding addition under another section · appellate powers · scope of ITAT · reclassification of income

Issues it is cited on

Judgments citing Smt. Sarika Jain v. CIT

M/S Bajrang Lal Jindal, Kanpur vs. Astt. Commissioner of Income Tax-I, Kanpur

In the result, the appeal of the assessee is allowed

ITA 373/LKW/2017[2008-09]Status: DisposedITAT Lucknow20 Nov 2025AY 2008-09

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2008-09 M/S Bajrang Lal Jindal, 140, Vs. Asstt. Commissioner Of Income Anandpuri, Kanpur, U.P. Tax-I, Kanpur Pan: Aanpj5660J (Appellant) (Respondent) Assessee By: Sh. P.K. Kapoor, C.A. Revenue By: Sh. Amit Kumar, Dr Date Of Hearing: 27.08.2025 Date Of Pronouncement: 20.11.2025 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Cit(A)- Kanpur, Confirming The Addition Of Rs. 1,46,11,400/- Made To The Returned Income Of The Assessee As Unexplained Cash Credits By The Assessing Officer In His Order Dated 31.03.2016 For The Assessment Year 2008-09. The Grounds Of Appeal Are As Under: - “1. That The Ld. Cit (A) I, Kanpur Has Erred In Confirming Addition Of Rs. 14611400.00 To The Returned Income Of The Assessee As Unexplained Cash Credits. 2. That The Reasons Recorded For Initiation Of Proceedings U/S 147 By Issue Of Notice U/S 148 Were Based On Improper Premise & Accordingly No Legal & Factual Lengs To Stand & Acordingly All Subsequent Proceedings Are Bad In Law. 3. That The Observation Of The Ld. Cit (A) I, Kanpur Confirming View Of Ld. A O That M/S. Maa Devasar Commodity Is Inexistant Is Factually Incorrect. 4. That Ld. Cit (A) I, Kanpur Has Erred In Not Appreciating The Fact That When The Beneficiary Of The Funds Are Not The Assessee, There Could Be No Addition In His Hands.

For Appellant: Sh. P.K. Kapoor, C.AFor Respondent: Sh. Amit Kumar, DR
Section 147Section 148Section 68

…IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW ‘B’ BENCH, LUCKNOW BEFORE SH. SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER AND SH. NIKHIL CHOUDHARY, ACCOUNTANT MEMBER A.Y. 2008-09 M/s Bajrang Lal Jindal, 140, vs. Asstt. Commissioner of Income Anandpuri, Kanpur, U.P. Tax-I, Kanpur PAN: AANPJ5660J (Appellant) (Respondent) Assessee by: Sh. P.K. Kapoor, C.A. Revenue by: Sh. Amit Kumar, DR Date of hearing: 27.08.2025 Date of pronouncement: 20.11.2025 O R D E R PER NIKHIL CHOUDHARY, A.M.: This is an appeal filed by the assessee against the orders of the ld. CIT(A)- Kanpur, confirming the addition of Rs. 1,46,11,400/- made t…

Arham Star, Mumbai vs. ITO Ward 19(2)(2), Piramal Chamber

In the result, appeal of the assessee is partly allowed

ITA 2427/MUM/2025[2010-11]Status: DisposedITAT Mumbai26 Sept 2025AY 2010-11

Bench: Shri Saktijit Dey, Hon'Ble & Shri Girish Agrawalassessment Year: 2010-11 Arham Star Income-Tax Officer, Cw-2090, Bharat Diamond Ward - 19(2)(2), Bourse, Bandra Kurla Mumbai Vs. Complex, Mumbai - 400051 (Pan: Aaafs5695M) (Appellant) (Respondent) Present For: Assessee : Shri Rahul Sarda, Advocate Revenue : Shri Surendra Mohan, Sr. Dr Date Of Hearing : 13.08.2025 Date Of Pronouncement : 26.09.2025 O R D E R Per Girish Agrawal: This Appeal Filed By Assessee Is Against The Order Of Cit (A), National Faceless Appeal Centre (Nfac), Delhi Vide Order No. Itba/Nfac/S/250/2024-25/1075308198(1), Dated 30/03/2025 Passed Against The Assessment Order By Income-Tax Officer, 19(1)(1), Mumbai, U/S.144 Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 22.12.2017 For Assessment Year 2010-11. 2. Grounds Taken By The Assessee Are Reproduced As Under: 1. The Nfac Failed To Appreciate That The Purchases Made By The Appellant Were Genuine & Supported By Documentary Material Including The Corroboration Of Sales Made From Such Purchases & There Was Not Material To Show That The Purchases Were Not Genuine & Hence, The Same Could Not Have Been Disallowed. 2. The Nfac Erred In Upholding The Addition On The Basis Of Generalized Statements In The Assessment Order Without The Assessing Officer Having Conducted Any Enquiry In The Matter.

For Appellant: Shri Rahul Sarda, AdvocateFor Respondent: Shri Surendra Mohan, Sr. DR
Section 144Section 148

…ssessing officer under one provision, and the ITAT does not agree with the disallowance/ addition, then the 7 Arham Star AY 2010-11 ITAT cannot uphold the same disallowance/ addition under some other provision (Para 13 to 19 of Smt. Sarika Jain v. CIT [2018] 407 ITR 254 (All.).” 5. Per Contra, ld. Sr. DR relied upon the decisions of the authorities below. He also placed strong reliance on the decision of Kanak Impex India Ltd. (supra). He submitted that the onus was on the assessee to prove the genuineness of the purchases, which he failed to do so and therefore, the addition so made, is justified. He also refe…

Dayaram Agrawal, Raipur vs. Income Tax Officer-3(1), Raipur

In the result, appeal of the assessee is allowed

ITA 258/RPR/2025[2009-10]Status: DisposedITAT Raipur18 Jul 2025AY 2009-10

Bench: Shri Partha Sarathi Chaudhuryआयकर अपील सं./Ita No.258/Rpr/2025 "नधा"रण वष" /Assessment Year : 2009-10 Shri Dayaram Agrawal H-1, Shankar Nagar, Rajeev Nagar, Raipur-492 007 (C.G.) Pan: Acgpa8622C .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer-3(1), Raipur (C.G.) ……""यथ" / Respondent

For Appellant: Shri Bikram Jain, CAFor Respondent: Dr. Priyanka Patel, Sr. DR
Section 131ASection 271(1)(c)Section 69Section 69A

…आयकर अपील"य अ"धकरण "यायपीठ “एक-सद"य” मामला रायपुर म" IN THE INCOME TAX APPELLATE TRIBUNAL RAIPUR BENCH “SMC”, RAIPUR "ी पाथ" सारथी चौधर", "या"यक सद"य के सम" BEFORE SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER आयकर अपील सं./ITA No.258/RPR/2025 "नधा"रण वष" /Assessment Year : 2009-10 Shri Dayaram Agrawal H-1, Shankar Nagar, Rajeev Nagar, Raipur-492 007 (C.G.) PAN: ACGPA8622C .......अपीलाथ" / Appellant बनाम / V/s. The Income Tax Officer-3(1), Raipur (C.G.) ……""यथ" / Respondent Assessee by : Shri Bikram Jain, CA Revenue by : Dr. Priyanka Patel, Sr. DR सुनवाई क" तार"ख / Date of Hearing : 19.06.2025 घोषणा क" तार"ख…