Sri Krishna v. CIT, Kanpur & Others

142 ITR 618High Court1983#2844 most cited

What is Sri Krishna v. CIT, Kanpur & Others authority for?

Statements made in an affidavit are not automatically accepted as true and reliable, even if uncontroverted. Circumstances suggesting otherwise can lead to their rejection.

41

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2016 to 2025.

Also referred to as

Sri Krishna v CIT · 142 ITR 618 · affidavit evidence · uncontroverted statements · truthfulness of affidavit · presumption of truth · evidentiary value of affidavit · judicial precedent

Sections most often in play

Section 143(3)Section 153ASection 115BBESection 131Section 132(4)Section 139(1)Section 145(3)Section 276C(2)

Issues it is cited on

section 292csection 292section 29documents seizedaddition u/s 68section 132(4)tangible materialsection 131agricultural incomesection 133undisclosed incomesearch and seizure

Judgments citing Sri Krishna v. CIT, Kanpur & Others

Shri Nirmal Kumar Kedia, Jaipur vs. Deputy Commissioner of Income Tax, Central Circle-3, Jaipur

In the result, appeals of the revenue are dismissed whereas the appeals of the assessee are allowed in part in terms indicated hereinabove

ITA 124/JPR/2019[2015-16]Status: DisposedITAT Jaipur03 Jun 2019AY 2015-16
For Appellant: Shri Vijay Goyal (FCA) &For Respondent: Shri Varinder Mehta (CIT-DR)
Section 131Section 132Section 132(1)Section 133ASection 143(3)Section 153ASection 19

…is proposition, reliance is placed on the following decisions: - (i) Mehta Parikh & Co v CIT [1958] 30 ITR 181 (SC) (ii) Dilip Kumar Rao Vs CIT (1974) 94 ITR 1 (Born); (iii) Malwa Knitting Works Vs CIT (1977) 107 ITR 379, 381 MP (iv) Sri Krishna Vs CIT (1983) 142 ITR 618 (All). 23. While deleting the addition of Rs. 1,14,16,666/- out of addition of Rs. 1,22,26,044/-, the ld. CIT (A) sustained the addition of Rs. 50 ITA 124 to 126/JP/2019 & 286 to 288/JP/2019_ Shri Nirmal Kumar Kedia Vs DCIT 7,79,378/- by estimating the GP @ 31% on the alleged unaccounted receipts against sales Rs. 25,14,122/-. However, the alle…

(Smt.) Anju Singh, Lucknow vs. Asstt. Commissioner of Income Tax, Lucknow

In the result, the appeals for assessment year 2003-04 to 2008-09

ITA 396/LKW/2014[2009-10]Status: DisposedITAT Lucknow08 Mar 2019AY 2009-10

Bench: Shri. A. D. Jain & Shri. T.S. Kapoor

For Appellant: Shri Rakesh Garg, AdvocateFor Respondent: Shri S. K. Madhuk, CIT (DR)
Section 132ASection 133ASection 69

…o state that no supporting evidences have been enclosed to substantiate the claim made in the affidavits. Therefore, these cannot be taken to be true. In this regard, reference is again drawn towards the case of Sri Krishna Vs CIT, Kanpur & Others reported in 142 ITR 618 (Alld.),. This is a judgment delivered by the jurisdictional High Court and the ratio laid down by this judgment is as under:- "It is neither a rule of prudence nor a rule of law that the statements made in an affidavit which remains uncontroverted, must invariably be accepted as true and reliable. Ordinarily, in the absence of denial, the state…

(Smt.) Anju Singh, Lucknow vs. Asstt. Commissioner of Income Tax, Lucknow

In the result, the appeals for assessment year 2003-04 to 2008-09

ITA 395/LKW/2014[2008-09]Status: DisposedITAT Lucknow08 Mar 2019AY 2008-09

Bench: Shri. A. D. Jain & Shri. T.S. Kapoor

For Appellant: Shri Rakesh Garg, AdvocateFor Respondent: Shri S. K. Madhuk, CIT (DR)
Section 132ASection 133ASection 69

…o state that no supporting evidences have been enclosed to substantiate the claim made in the affidavits. Therefore, these cannot be taken to be true. In this regard, reference is again drawn towards the case of Sri Krishna Vs CIT, Kanpur & Others reported in 142 ITR 618 (Alld.),. This is a judgment delivered by the jurisdictional High Court and the ratio laid down by this judgment is as under:- "It is neither a rule of prudence nor a rule of law that the statements made in an affidavit which remains uncontroverted, must invariably be accepted as true and reliable. Ordinarily, in the absence of denial, the state…

(Smt.) Anju Singh, Lucknow vs. Asstt. Commissioner of Income Tax, Lucknow

In the result, the appeals for assessment year 2003-04 to 2008-09

ITA 394/LKW/2014[2007-08]Status: DisposedITAT Lucknow08 Mar 2019AY 2007-08

Bench: Shri. A. D. Jain & Shri. T.S. Kapoor

For Appellant: Shri Rakesh Garg, AdvocateFor Respondent: Shri S. K. Madhuk, CIT (DR)
Section 132ASection 133ASection 69

…o state that no supporting evidences have been enclosed to substantiate the claim made in the affidavits. Therefore, these cannot be taken to be true. In this regard, reference is again drawn towards the case of Sri Krishna Vs CIT, Kanpur & Others reported in 142 ITR 618 (Alld.),. This is a judgment delivered by the jurisdictional High Court and the ratio laid down by this judgment is as under:- "It is neither a rule of prudence nor a rule of law that the statements made in an affidavit which remains uncontroverted, must invariably be accepted as true and reliable. Ordinarily, in the absence of denial, the state…

(Smt.) Anju Singh, Lucknow vs. Asstt. Commissioner of Income Tax, Lucknow

In the result, the appeals for assessment year 2003-04 to 2008-09

ITA 393/LKW/2014[2006-07]Status: DisposedITAT Lucknow08 Mar 2019AY 2006-07

Bench: Shri. A. D. Jain & Shri. T.S. Kapoor

For Appellant: Shri Rakesh Garg, AdvocateFor Respondent: Shri S. K. Madhuk, CIT (DR)
Section 132ASection 133ASection 69

…o state that no supporting evidences have been enclosed to substantiate the claim made in the affidavits. Therefore, these cannot be taken to be true. In this regard, reference is again drawn towards the case of Sri Krishna Vs CIT, Kanpur & Others reported in 142 ITR 618 (Alld.),. This is a judgment delivered by the jurisdictional High Court and the ratio laid down by this judgment is as under:- "It is neither a rule of prudence nor a rule of law that the statements made in an affidavit which remains uncontroverted, must invariably be accepted as true and reliable. Ordinarily, in the absence of denial, the state…

(Smt.) Anju Singh, Lucknow vs. Asstt. Commissioner of Income Tax, Lucknow

In the result, the appeals for assessment year 2003-04 to 2008-09

ITA 392/LKW/2014[2005-06]Status: DisposedITAT Lucknow08 Mar 2019AY 2005-06

Bench: Shri. A. D. Jain & Shri. T.S. Kapoor

For Appellant: Shri Rakesh Garg, AdvocateFor Respondent: Shri S. K. Madhuk, CIT (DR)
Section 132ASection 133ASection 69

…o state that no supporting evidences have been enclosed to substantiate the claim made in the affidavits. Therefore, these cannot be taken to be true. In this regard, reference is again drawn towards the case of Sri Krishna Vs CIT, Kanpur & Others reported in 142 ITR 618 (Alld.),. This is a judgment delivered by the jurisdictional High Court and the ratio laid down by this judgment is as under:- "It is neither a rule of prudence nor a rule of law that the statements made in an affidavit which remains uncontroverted, must invariably be accepted as true and reliable. Ordinarily, in the absence of denial, the state…

(Smt.) Anju Singh, Lucknow vs. Asstt. Commissioner of Income Tax, Lucknow

In the result, the appeals for assessment year 2003-04 to 2008-09

ITA 391/LKW/2014[2004-05]Status: DisposedITAT Lucknow08 Mar 2019AY 2004-05

Bench: Shri. A. D. Jain & Shri. T.S. Kapoor

For Appellant: Shri Rakesh Garg, AdvocateFor Respondent: Shri S. K. Madhuk, CIT (DR)
Section 132ASection 133ASection 69

…o state that no supporting evidences have been enclosed to substantiate the claim made in the affidavits. Therefore, these cannot be taken to be true. In this regard, reference is again drawn towards the case of Sri Krishna Vs CIT, Kanpur & Others reported in 142 ITR 618 (Alld.),. This is a judgment delivered by the jurisdictional High Court and the ratio laid down by this judgment is as under:- "It is neither a rule of prudence nor a rule of law that the statements made in an affidavit which remains uncontroverted, must invariably be accepted as true and reliable. Ordinarily, in the absence of denial, the state…

(Smt.) Anju Singh, Lucknow vs. Asstt. Commissioner of Income Tax, Lucknow

In the result, the appeals for assessment year 2003-04 to 2008-09

ITA 390/LKW/2014[2003-04]Status: DisposedITAT Lucknow08 Mar 2019AY 2003-04

Bench: Shri. A. D. Jain & Shri. T.S. Kapoor

For Appellant: Shri Rakesh Garg, AdvocateFor Respondent: Shri S. K. Madhuk, CIT (DR)
Section 132ASection 133ASection 69

…o state that no supporting evidences have been enclosed to substantiate the claim made in the affidavits. Therefore, these cannot be taken to be true. In this regard, reference is again drawn towards the case of Sri Krishna Vs CIT, Kanpur & Others reported in 142 ITR 618 (Alld.),. This is a judgment delivered by the jurisdictional High Court and the ratio laid down by this judgment is as under:- "It is neither a rule of prudence nor a rule of law that the statements made in an affidavit which remains uncontroverted, must invariably be accepted as true and reliable. Ordinarily, in the absence of denial, the state…

DCIT Cen Cir 1(3), Mumbai vs. Haresh R. Majethia, Mumbai

In the result, appeal of the Revenue is dismissed

ITA 3045/MUM/2015[2006-07]Status: DisposedITAT Mumbai28 Feb 2018AY 2006-07

Bench: Shri R C Sharma & Shri Ravish Soodassessment Year : 2006-07 Dcit Cen. Cir 1(3) Haresh R Majethia, Mumbai 7, Pathai Niwas, N S Road, Vs. Mulund (W) Mumbai 400 080 Pan Aeqpm5542P (Appellant) (Respondent)

For Appellant: Ms. Amrita RanjanFor Respondent: Ms. Ritika Agarwal
Section 131Section 153ASection 68

…nce sheet of Shri Mahesh Bapat Details of repayment of loan on pages 18-29 of the paperbook filed on 21.11.2011. On page 21 on the assessment order for AY 2003-04, AO has relied upon the decision of the Hoh'ble High Court in "the case of Shri Krishna vs. CIT (142 ITR 618) to hold that an affidavit need not always be 3 Shri Haresh R Majethia. accepted as correct. It was submitted that the said decision is totally on different facts and the Hon'ble Allahabad High Court itself has held that on particular facts of that case it is being held that affidavit is not accepted as correct although general rule is that an u…

Ashwani Kumar Jain, Uttar Pradesh vs. ACIT, Meerut

Appeal is dismissed

ITA 205/DEL/2014[2007-08]Status: DisposedITAT Delhi30 Jun 2017AY 2007-08

Bench: Sh. I.C.Sudhir & Sh.Anadee Nath Misshra

Section 143Section 254Section 68

…ements which have been discussed hereunder. Also this position of law is settled by the order of the Hon'ble Allahabad High Court (jurisdictional High I.T.A .No.-205/Del/2014 Ashwani Kumar Jain vs ACIT Page 4 of 12 Court) in the case of Sri Krishna vs.CIT, 142 ITR 618. The relevant portion of the judgment is reproduced as under: “It is neither a rule of prudence nor a rule of law that the statements made in an affidavit which remains uncontroverted, must invariably be accepted as true and reliable. Ordinarily, in the absence of denial, the statements may be accepted as true but if there are circumstances which…

Dr. Subrata Kundu, Burdwan vs. ACIT, Cir-1, Burdwan

In the result, assessee’s appeal stands partly allowed

ITA 1815/KOL/2014[2010-2011]Status: DisposedITAT Kolkata12 May 2017AY 2010-2011

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Year:2010-11

Section 131Section 133ASection 144Section 145(3)Section 44A

…tances which suggests that the statements on affidavit should not be accepted as true, the absence of denial by the other side, would not by itself be sufficient to clothe the statements on affidavit with truthfulness and reliability (Sri Krishna Vs CIT (All) 142 ITR 618). 9. In this case more than admission made on 29.03.2010 and 05.04.2010, actual tax payment corresponding to additional income offered was made. This cannot be said to be made on threat or coercion as Assessing Officer has no control over the cash deployment with the assessee. The physical payment of tax corresponding to disclosure of additional…

ITO, New Delhi vs. M/S. Prakash Colour (P) Ltd., New Delhi

In the result, the appeal of the department is dismissed

ITA 1176/DEL/2011[2007-08]Status: DisposedITAT Delhi16 Dec 2016AY 2007-08

Bench: Sh. N. K. Saini, Am & Smt. Beena Pillai, Jm Ita No. 1176/Del/2011 : Asstt. Year : 2007-08 Income Tax Officer, Vs M/S Prakash Colour (P) Ltd., 15A, 2Nd Floor, Sri Nagar Colony, Ward-14(3), New Delhi Near Bharat Nagar, New Delhi (Appellant) (Respondent) Pan No. Aaacp5463B Assessee By : Sh. Ved Jain, Adv., Sh. Ashish Chadha & P. Srivastava, Cas Revenue By : Sh. F. R. Meena, Sr. Dr Date Of Hearing : 29.09.2016 Date Of Pronouncement : 16.12.2016 Order Per N. K. Saini, Am: This Is An Appeal By The Department Against The Order Dated 01.12.2010 Of Ld. Cit(A)-Xvii, New Delhi.

For Appellant: Sh. Ved Jain, AdvFor Respondent: Sh. F. R. Meena, Sr. DR
Section 132Section 143(1)

…ssessment order dated 24.12.2009. It was further submitted that since Mr. Tarun Goyal was not produced for cross- examination of his statement, the matter can be restored to the AO. The reliance was placed on the following case laws: " Ram Ratan Vs CIT (1983) 142 ITR 618 (All.) " CIT Vs Sophia Finance Ltd.(1994) 205 ITR 98 (Delhi) " CIT Vs Active Traders (P.) Ltd. (1995) 214 ITR 583 (Calcutta) " CIT Vs Nivedan Vanijya Niyojan Ltd. (2003) 263 ITR 623 (Calcutta) 22 Prakash Colour (P) Ltd. 10. In his rival submissions the ld. Counsel for the assessee reiterated the submissions made before the authorities below and…

Sri Bishwanath Garodia, Kolkata vs. DCIT, CC-3(3), Kolkata

In the result, the appeals of the assessee being ITA Nos

ITA 853/KOL/2016[2006-07]Status: DisposedITAT Kolkata21 Sept 2016AY 2006-07

Bench: Shri P.M. Jagtap & Shri S.S. Vishwanethra Ravi

Section 131Section 132Section 153A

…t and some purported correspondence from MSM, Singapore and its owner Mr. Onn Sithawala, for shifting ownership of his own black money which was parked in a Swiss Bank account, which cannot be considered as genuine. In the case of Sri Krishna –vs.- CIT (All.) 142 ITR 618, I.T.A. Nos. 853 & 854/KOL./2016 Assessment years: 2006-2007 & I.T.A. Nos. 855 & 856/KOL/2016 Assessment Year: 2007-2008 Page 10 of 20 it is held that affidavit need not always be accepted as genuine. Going by the facts of the case considering the self- contradictory, evasive and false statements of the assessee and circumstantial evidences as…

ACIT, New Delhi vs. Sh. Inderpal Singh Wadhawan, New Delhi

In the result ground No. 2 of the appeal of the assessee is allowed

ITA 952/DEL/2013[2007-08]Status: DisposedITAT Delhi08 Jul 2016AY 2007-08

Bench: I.C.Sudhir & Shri Prashant Maharishiinder Pal Singh Wadhawan, Jcit, E/1/7, Ii Nd Floor, East Patel Vs. Circle-33, Nagar, New Delhi New Delhi Pan: Aarps6904L (Appellant) (Respondent) Acit, Inder Pal Singh Wadhawan, Circle-33(1), Room No.1505, E/1/7, Ii Nd Floor, Vs. 15Th Floor, Dr. Shyama Prasad East Patel Nagar, New Delhi Mukherjee Civil Centre, New Delhi Pan: Aarps6904L (Appellant) (Respondent) Inder Pal Singh Wadhawan, Acit, E/1/7, Ii Nd Floor, East Patel Circle-33, Vs. Nagar, New Delhi New Delhi Pan: Aarps6904L (Appellant) (Respondent) Acit, Inder Pal Singh Wadhawan, Circle-33(1), Room No.1505, 15Th E/1/7, Ii Nd Floor, Vs. Floor, Dr. Shyama Prasad East Patel Nagar, New Delhi Mukherjee Civil Centre, Pan: Aarps6904L New Delhi (Appellant) (Respondent)

For Appellant: Sh. Ajay Wadhwa, AdvFor Respondent: Sh. Vijay Verma, CIT DR
Section 142Section 143(3)Section 68

…e purchases. In the affidavits the brokers have confirmed having supplied the readymade garments to the appellant. Therefore in light of the judicial pronouncements in the cases of Hanutram Ramprasad vs. CIT (1978) 114 ITR 19 (GAU), Sri Krishna Vs. CIT (1983) 142 ITR 618 (All) & CIT Vs. Birbal Khanna & Co. (1983) 33 CTR 240 (MP), I have no reason to disbelieve the affidavits filed as additional evidence during the course of the appellate proceedings. The Assessing Officer did not give any categorical finding that the appellant purchased goods at inflated prices from the apparent seller and he did not bring out an…

ACIT, New Delhi vs. M/S Vardan Fashion, New Delhi

In the result ground No. 3 of the appeal of the assessee is dismissed

ITA 950/DEL/2013[2007-08]Status: DisposedITAT Delhi08 Jul 2016AY 2007-08

Bench: I.C.Sudhir & Shri Prashant Maharishivardan Fashions, Jcit, E-1/7, 2Nd Floor, East Patel Range-33, Vs. Nagar, New Delhi New Delhi Pan:Aacfv0423H (Appellant) (Respondent) Acit, Vardan Fashions, Circle-33(1) E-1/7, 2Nd Floor, East Patel Vs. New Delhi Nagar, New Delhi Pan:Aacfv0423H (Appellant) (Respondent)

For Appellant: Sh. Ajay Wadhwa, AdvFor Respondent: Sh. Vijay Verma, CIT DR
Section 142Section 40

…1 INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “C”: NEW DELHI BEFORE I.C.SUDHIR, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER Vardan Fashions, JCIT, E-1/7, 2nd Floor, East Patel Range-33, Vs. Nagar, New Delhi New Delhi PAN:AACFV0423H (Appellant) (Respondent) ACIT, Vardan Fashions, Circle-33(1) E-1/7, 2nd Floor, East Patel Vs. New Delhi Nagar, New Delhi PAN:AACFV0423H (Appellant) (Respondent) Assessee by : Sh. Ajay Wadhwa, Adv Revenue by: Sh. Vijay Verma, CIT DR Date of Hearing 11/05/2016 Date of pronouncement 08/07/2016 O R D E R PER PRASHANT MAHARISHI, A. M. 1. This is an appeal filed by the as…

Mr. Inder Pal Singh Wadhawan, New Delhi vs. ACIT, New Delhi

In the result ground No. 2 of the appeal of the assessee is allowed

ITA 1589/DEL/2013[2008-09]Status: DisposedITAT Delhi08 Jul 2016AY 2008-09

Bench: I.C.Sudhir & Shri Prashant Maharishiinder Pal Singh Wadhawan, Jcit, E/1/7, Ii Nd Floor, East Patel Vs. Circle-33, Nagar, New Delhi New Delhi Pan: Aarps6904L (Appellant) (Respondent) Acit, Inder Pal Singh Wadhawan, Circle-33(1), Room No.1505, E/1/7, Ii Nd Floor, Vs. 15Th Floor, Dr. Shyama Prasad East Patel Nagar, New Delhi Mukherjee Civil Centre, New Delhi Pan: Aarps6904L (Appellant) (Respondent) Inder Pal Singh Wadhawan, Acit, E/1/7, Ii Nd Floor, East Patel Circle-33, Vs. Nagar, New Delhi New Delhi Pan: Aarps6904L (Appellant) (Respondent) Acit, Inder Pal Singh Wadhawan, Circle-33(1), Room No.1505, 15Th E/1/7, Ii Nd Floor, Vs. Floor, Dr. Shyama Prasad East Patel Nagar, New Delhi Mukherjee Civil Centre, Pan: Aarps6904L New Delhi (Appellant) (Respondent)

For Appellant: Sh. Ajay Wadhwa, AdvFor Respondent: Sh. Vijay Verma, CIT DR
Section 142Section 143(3)Section 68

…e purchases. In the affidavits the brokers have confirmed having supplied the readymade garments to the appellant. Therefore in light of the judicial pronouncements in the cases of Hanutram Ramprasad vs. CIT (1978) 114 ITR 19 (GAU), Sri Krishna Vs. CIT (1983) 142 ITR 618 (All) & CIT Vs. Birbal Khanna & Co. (1983) 33 CTR 240 (MP), I have no reason to disbelieve the affidavits filed as additional evidence during the course of the appellate proceedings. The Assessing Officer did not give any categorical finding that the appellant purchased goods at inflated prices from the apparent seller and he did not bring out an…

Mr. Inder Pal Singh Wadhawan, New Delhi vs. JCIT, New Delhi

In the result ground No. 2 of the appeal of the assessee is allowed

ITA 1155/DEL/2013[2007-08]Status: DisposedITAT Delhi08 Jul 2016AY 2007-08

Bench: I.C.Sudhir & Shri Prashant Maharishiinder Pal Singh Wadhawan, Jcit, E/1/7, Ii Nd Floor, East Patel Vs. Circle-33, Nagar, New Delhi New Delhi Pan: Aarps6904L (Appellant) (Respondent) Acit, Inder Pal Singh Wadhawan, Circle-33(1), Room No.1505, E/1/7, Ii Nd Floor, Vs. 15Th Floor, Dr. Shyama Prasad East Patel Nagar, New Delhi Mukherjee Civil Centre, New Delhi Pan: Aarps6904L (Appellant) (Respondent) Inder Pal Singh Wadhawan, Acit, E/1/7, Ii Nd Floor, East Patel Circle-33, Vs. Nagar, New Delhi New Delhi Pan: Aarps6904L (Appellant) (Respondent) Acit, Inder Pal Singh Wadhawan, Circle-33(1), Room No.1505, 15Th E/1/7, Ii Nd Floor, Vs. Floor, Dr. Shyama Prasad East Patel Nagar, New Delhi Mukherjee Civil Centre, Pan: Aarps6904L New Delhi (Appellant) (Respondent)

For Appellant: Sh. Ajay Wadhwa, AdvFor Respondent: Sh. Vijay Verma, CIT DR
Section 142Section 143(3)Section 68

…e purchases. In the affidavits the brokers have confirmed having supplied the readymade garments to the appellant. Therefore in light of the judicial pronouncements in the cases of Hanutram Ramprasad vs. CIT (1978) 114 ITR 19 (GAU), Sri Krishna Vs. CIT (1983) 142 ITR 618 (All) & CIT Vs. Birbal Khanna & Co. (1983) 33 CTR 240 (MP), I have no reason to disbelieve the affidavits filed as additional evidence during the course of the appellate proceedings. The Assessing Officer did not give any categorical finding that the appellant purchased goods at inflated prices from the apparent seller and he did not bring out an…

M/S Vardaan Fashion, New Delhi vs. JCIT, New Delhi

In the result ground No. 3 of the appeal of the assessee is dismissed

ITA 1143/DEL/2013[2007-08]Status: DisposedITAT Delhi08 Jul 2016AY 2007-08

Bench: I.C.Sudhir & Shri Prashant Maharishivardan Fashions, Jcit, E-1/7, 2Nd Floor, East Patel Range-33, Vs. Nagar, New Delhi New Delhi Pan:Aacfv0423H (Appellant) (Respondent) Acit, Vardan Fashions, Circle-33(1) E-1/7, 2Nd Floor, East Patel Vs. New Delhi Nagar, New Delhi Pan:Aacfv0423H (Appellant) (Respondent)

For Appellant: Sh. Ajay Wadhwa, AdvFor Respondent: Sh. Vijay Verma, CIT DR
Section 142Section 40

…1 INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “C”: NEW DELHI BEFORE I.C.SUDHIR, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER Vardan Fashions, JCIT, E-1/7, 2nd Floor, East Patel Range-33, Vs. Nagar, New Delhi New Delhi PAN:AACFV0423H (Appellant) (Respondent) ACIT, Vardan Fashions, Circle-33(1) E-1/7, 2nd Floor, East Patel Vs. New Delhi Nagar, New Delhi PAN:AACFV0423H (Appellant) (Respondent) Assessee by : Sh. Ajay Wadhwa, Adv Revenue by: Sh. Vijay Verma, CIT DR Date of Hearing 11/05/2016 Date of pronouncement 08/07/2016 O R D E R PER PRASHANT MAHARISHI, A. M. 1. This is an appeal filed by the as…

DCIT Cen Cir 44, Mumbai vs. Shashikiran Shetty, Mumbai

In the result, the appeals filed by the assessee in ITA N0

ITA 5978/MUM/2013[2009-10]Status: DisposedITAT Mumbai25 May 2016AY 2009-10

Bench: Shri Saktijit Dey & Shri Ramit Kocharआयकर अपील सं./I.T.A. No. 5813/Mum/2013 ("नधा"रण वष" / Assessment Year : 2007-08) Shashikiran Shetty, Dcit, Cen. Cir. 44, बनाम/ 5 Th Floor, Diamond Square, Aayakar Bhavan, V. Cst Road Kalina, M.K. Road, Santacruz (East), Mumbai – 400 020. Mumbai – 400 098. "थायी लेखा सं./Pan : Ameps 5601 B (अपीलाथ" /Appellant) .. (""यथ" / Respondent)

For Respondent: Shri Manjunatha Swamy
Section 131Section 132(1)Section 132(4)Section 133ASection 143(3)Section 153ASection 271A

…ngh was recorded on 26-04-2007 u/s 131 of the Act whereby he confirmed and admitted that unaccounted cash of Rs 35 lacs was paid by the assessee to Maskar family for purchase of Nagpur Land. He also relied on the decision in the case of Ram Ratan v. CIT (1983)142 ITR 618(All. HC) and submitted that belated affidavit has been filed by the assessee after long gap of 3 years, hence, it could not be admitted. The ld. D.R. submitted that the statement recorded u/s 131 of the Act of Mr Diwan Singh and u/s 132(4) of the assessee by the Revenue on 26-04-2007 and 27-04-2007 respectively had not been retracted. He relied o…

Shashikiran Shetty, Mumbai vs. DCIT Cen Cir 44, Mumbai

In the result, the appeals filed by the assessee in ITA N0

ITA 5813/MUM/2013[2007-08]Status: DisposedITAT Mumbai25 May 2016AY 2007-08

Bench: Shri Saktijit Dey & Shri Ramit Kocharआयकर अपील सं./I.T.A. No. 5813/Mum/2013 ("नधा"रण वष" / Assessment Year : 2007-08) Shashikiran Shetty, Dcit, Cen. Cir. 44, बनाम/ 5 Th Floor, Diamond Square, Aayakar Bhavan, V. Cst Road Kalina, M.K. Road, Santacruz (East), Mumbai – 400 020. Mumbai – 400 098. "थायी लेखा सं./Pan : Ameps 5601 B (अपीलाथ" /Appellant) .. (""यथ" / Respondent)

For Respondent: Shri Manjunatha Swamy
Section 131Section 132(1)Section 132(4)Section 133ASection 143(3)Section 153ASection 271A

…ngh was recorded on 26-04-2007 u/s 131 of the Act whereby he confirmed and admitted that unaccounted cash of Rs 35 lacs was paid by the assessee to Maskar family for purchase of Nagpur Land. He also relied on the decision in the case of Ram Ratan v. CIT (1983)142 ITR 618(All. HC) and submitted that belated affidavit has been filed by the assessee after long gap of 3 years, hence, it could not be admitted. The ld. D.R. submitted that the statement recorded u/s 131 of the Act of Mr Diwan Singh and u/s 132(4) of the assessee by the Revenue on 26-04-2007 and 27-04-2007 respectively had not been retracted. He relied o…