How many judgments cite St. Teresa’s Oil Mills v. State of Kerala?

34 judgments on BharatTax cite St. Teresa’s Oil Mills v. State of Kerala (76 ITR 365), spanning 2016 to 2025.

Which sections of the Income Tax Act does St. Teresa’s Oil Mills v. State of Kerala come up under?

It is most often cited in judgments turning on Section 115BBE, Section 142(1), Section 143(3), Section 68, Section 143(2), Section 143(3A).

St. Teresa’s Oil Mills v. State of Kerala

76 ITR 365High Court1970#3493 most cited

What is St. Teresa’s Oil Mills v. State of Kerala authority for?

Accounts regularly maintained in the course of business must be taken as correct unless there are strong and sufficient reasons to indicate they are unreliable. The revenue must prove accounts are unreliable before rejecting them, and rejection should not be done lightly.

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

St. Teresa's Oil Mills v. State of Kerala · rejection of accounts · section 145(3) · unreliable accounts · burden of proof · regularly maintained accounts · assessment order · income tax act

Sections most often in play

Section 115BBE Section 142(1)Section 143(3)Section 68 Section 143(2)Section 143(3A)Section 143(3B)Section 144B

Issues it is cited on

rejection of books of account section 145(3)section 145 principal commissioner of income-tax section 115bb section 44ab section 115b addition u/s 68 section 69c section 115bbe section 115 unexplained money

Judgments citing St. Teresa’s Oil Mills v. State of Kerala

DCIT-1(2)(1), Mumbai vs. Kumar Properties Pvt Ltd, Mumbai

The appeal of the assessee is allowed, and appeal of the Assessing Officer is dismissed

ITA 605/MUM/2019[2014-15]Status: DisposedITAT Mumbai08 Jul 2020AY 2014-15

Bench: Shri Vikas Awasthy, Jm & Shri S. Rifaur Rahman, Am आयकरअपीलसं./ I.T.A. No. 605/Mum/2019 (निर्धारणवर्ा / Assessment Year: 2014-15) Dcit 1(2)(1), M/S Kumar Properties Pvt. R. No. 535, Ltd. बिधम/ Aayakarbhavan, 21, Woundboy Road, M. K. Road, Hazarimalsomani Marg, Vs. Mumbai-400 020 Opp-Mumbai Gymkhana, Fort, Mubmai-400 001 स्थायीलेखासं./जीआइआरसं./Pan No. Aabck8464E (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : &

For Appellant: ShriDrop Singh MeenaFor Respondent: ShriRajanVora/Shri

Section 143Section 143(2)Section 145(1)

…/2019 & CO 14/Mum/2020 M/s Kumar Properties Pvt. Ltd. given and not in case where the allotment letter is being issued initially. 38. Further, the Assessee wishes to rely on the decision of Hon'ble High Court of Kerala in case of St. Teresa's Oil Mills [1970] 76 ITR 365 (Kerala) wherein it is held that accounts regularly maintained in course of business have to be taken as correct unless there are strong and sufficient reasons to indicate that they are unreliable. 39. In addition to the above, the Assessee wishes to rely on the following judicial precedents wherein the rule of consistency has been upheld, and the…

ITO, New Delhi vs. Sh. Sunil Nayyar, Delhi

In the result, the appeal of the revenue is dismissed and Cross

ITA 6168/DEL/2016[2012-13]Status: DisposedITAT Delhi24 Feb 2020AY 2012-13

Bench: Sh. Kuldip Singhdr. B. R. R. Kumarita No. 6168/Del/2016 : Asstt. Year : 2012-13 Income Tax Officer, Vs Sh. Sunil Nayyar, Ward-49(3), R/O 81-A, Vikrant Enclave, New Delhi Mayapuri, New Delhi-110064 (Appellant) (Respondent) Pan No. Abvpn3963B

For Appellant: Sh. Jagdish Ajmani, CAFor Respondent: Sh. Saras Kumar, Sr. DR

Section 68

…rala (1997) 104 SIC 121, (Ker.).The department has to prove satisfactorily that the accounts books are unreliable, incorrect or incomplete before it can reject the accounts. Rejection should not be done lightly". St. TerrsaOil Mills vs. State of Kerala (1970) 76 ITR 365 (KER.). e. "In the case of ACIT Vs. Hitech Grain Processing Pvt. Ltd., ITA No. 2885/Del/2011, the Hon'ble Delhi High Court has held that since the AO ITA No. 6168/Del/2016 & 32 CO No. 9/Del/2017 Sunil Nayyar had not pointed out any defects in the books of account and the accounts were also not rejected by the AO, therefore, no addition could…

The DCIT, Circle-9, Surat vs. M/S. I.P. Patel, Surat

In the result, the appeal of the assessee for A

ITA 414/AHD/2012[2003-04]Status: DisposedITAT Surat27 Aug 2019AY 2003-04

Bench: Shri H.S.Sidhu & Shri O.P.Meena

Section 108Section 145(3)Section 148Section 69C

…isparity in consumption of electricity as held by Kerala High Court in case Page 25 of 37 DCIT-Circle-9 , Surat v. I.P. Patel & Co. I.T.A.No. 414/Ahd/2012/A.Y.03-04 and I.T.A.No. 781 &37/ Ahd/20-11/ A.Y. :04-05 of St. Teresa’s Oil Mills vs. State of Kerala [76 ITR 365 (Ker)]. In this case, even Assessing Officer has not pointed out any disparity between production and consumption of electricity units. l. Even otherwise, assessing officer erred in making full addition on account of suppressed production. Only the unaccounted profit on suppressed production can be taxed. In the reasons recorded u/s.148, it has be…

M/S. I.P. Patel & Co., Surat vs. The Dy.CIT., Circle-9, Surat

In the result, the appeal of the assessee for A

ITA 37/AHD/2011[2004-05]Status: DisposedITAT Surat27 Aug 2019AY 2004-05

Bench: Shri H.S.Sidhu & Shri O.P.Meena

Section 108Section 145(3)Section 148Section 69C

Royal Seeds & Fertilisers Pvt. Ltd., Kolkata vs. ITO, Ward-10(1), Kolkata

In the result, the appeal filed by the assessee is allowed

ITA 956/KOL/2017[2011-12]Status: DisposedITAT Kolkata29 Mar 2019AY 2011-12

Bench: Shri A.T.Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.956/Kol/2017 ("नधा"रणवष" / Assessment Year:2011-12)

For Appellant: Shri Subash Agarwal, AdvocateFor Respondent: Shri Robin Choudhury, Addl. CIT Sr. DR

Section 133(6)Section 143(3)

…f the assessee are audited therefore order Royal Seeds &Fertlisers Pvt. Ltd. Assessment Year:2011-12 of Ld. CIT(A) to reject the books of accounts is not acceptable and for that we rely on the following judgments: i) St. Teresa’s Oil Mills vs. State of Kerala 76 ITR 365 (Kerala) ii) Md. Umer vs. Commissioner of Income Tax [1975] 101 ITR 525 (Pat) Therefore, in the light of the discussions made (supra) and considering the totality of the facts and circumstances and the fact that neither the Assessing Officer nor the Ld. CIT(A) has noticed any specific defects in the books of accounts of the assessee therefore, re…

ITO 20(2)(3), Mumbai vs. Karan R. Shah, Mumbai

ITA 3652/MUM/2015[2010-11]Status: DisposedITAT Mumbai04 Oct 2018AY 2010-11

Bench: Hon’Ble Shri R. C. Sharma, Am & Hon’Ble Sh. Sandeep Gosain, Jm आयकरअपीलसं./ I.T.A. No. 3652 & 4290/Mum/2015 (निर्धारणवर्ा / Assessment Year: 2010-11 & 2009-10)

For Appellant: Shri M. C. OmiFor Respondent: Shri Syed Nadeem

Section 133(6)Section 40A(2)(b)

…remises and appellant being regularly assessed to Income Tax his regular books of accounts only are to be accepted as evidence under Section 34 of Indian Evidence Act. 14.10. The Hon'ble Kerala High Court in St. Theresa's Oil Mills Vs. State of Kerala (1970) 76 ITR 365 with respect to Accounts regularly maintained has held as under : "... The proposition is well-settled that accounts regularly maintained in the course of business have to be taken as correct unless there are strong and sufficient reasons to indicate that they are unreliable. The department has to prove satisfactorily that the account books are u…

M/S Pawan Enterprises, Jaipur vs. Assistant Commissioner of Income Tax, Jaipur

ITA 76/JPR/2018[2014-15]Status: DisposedITAT Jaipur04 Jul 2018AY 2014-15

Bench: The Itat By Taking Following

For Appellant: Shri Vijay Goyal (CA) &For Respondent: Smt. Seema Meena (JCIT-DR)

Section 143(3)Section 145(3)

…es have been suppressed, or that any transaction has not come into the accounts. In these circumstances, the grounds stated by the Tribunal are neither valid nor relevant in rejecting the accounts of the assessee. (ii) ST Teresa’s Oil Mills Vs State of Kerala 76 ITR 365 (Ker) Accounts regularly maintained in the course of business have to be taken as correct unless there are strong and sufficient reason to indicate that they are unreliable. (iii) CIT Vs Jas Jack Elegance Exports 324 ITR 95 (Delhi) :-Hon’ble Delhi High Court held that Sec. 145(3) provides for assessment in the manner prescribed in s. 144, where t…

ACIT, Meerut vs. M/S Arihant Pulication (India) Ltd., Meerut

The appeals of the Revenue are dismissed

ITA 5405/DEL/2013[2010-11]Status: DisposedITAT Delhi16 Jun 2017AY 2010-11

Bench: : Shri I.C. Sudhir & Shri L.P. Sahu

Section 145(3)

…i Ramjivan Jagannath vs. ACIT, 316 ITR 120 (Raj.) (x). CIT vs. Rajni Kant Dave, 281 ITR 6 (All.) (xi). CIT vs. Om Overseas, 173 Taxman 185 (P&H) (xii). Jaganmohan Reddy P. vs. Narasimham K.V.L. JJ, 62 ITR 528 (xiii). ST. Teresa’s Oil Mills vs. State of Kerla, 76 ITR 365 (Ker). (xiv). Jhandu Mal Tara Chand Rice Mills vs. CIT, 73 ITR 192(P&H) (xv). Dhakeshwari Cotton Mills Ltd. vs. CIT, 26 ITR 775(SC). The ld. AR further submitted that the AO has not pointed out any specific voucher which was not acceptable in his order. All the expenses entered in the books of accounts were supported by internal/external vouchers…

DCIT, Jaipur vs. Kayakalp Herbal Pvt. Ltd., Jaipur

ITA 609/JPR/2016[2005-06]Status: DisposedITAT Jaipur25 Apr 2017AY 2005-06

For Appellant: Shri Vijay Goyal, CA &For Respondent: Smt. Pratima Kaushik, CIT - DR fu/kZkfjrh dh vksj ls@

Section 139(1)Section 153A

ACIT, Kota vs. Himmatram Juharmal Sarraf, Kota

In the result, the appeal of the Revenue in ITA No

ITA 1058/JPR/2016[2013-14]Status: DisposedITAT Jaipur23 Mar 2017AY 2013-14

For Appellant: Shri P.C. Parwal(CA)For Respondent: Shri Prakash Meena(JCIT) fu/kZkfjrh dh vksj ls@

Section 143(3)Section 145(3)Section 40A(2)(b)

…Juharmal Sarraf. (6) Prem Cables (P) Ltd. Vs. Asstt. CIT 56 ITD 382 (JP). (7) CIT Vs. Smt. Poonam Rani 326 ITR 223/41 DTR 194 (Del.) (2010) (8) CIT Vs. Saatal Kattha & Chemical (P.) Ltd. 296 ITR 197 (MP)(HC) (9) St. Teresa’s Oil Mills Vs. State of Kerala 76 ITR 365 (Ker.) (10) ACIT Vs. Nitrochem India Pvt. Ltd. (2015) 43 CCH 54 (Ahd.) (Trib.) 2.2 We have heard the rival contentions, perused the material available on record and gone through the order of the authorities below. Under the facts of the present case it is to be examined whether the action of the Assessing Officer is justified in rejecting book…

Sunil Tarafdar, Malda vs. I.T.O WD - 3, Malda

In the result, the appeal of assessee is allowed as stated above

ITA 363/KOL/2013[2009-10]Status: DisposedITAT Kolkata21 Dec 2016AY 2009-10

Bench: Shri M.Balaganesh & Shri S.S.Viswanethra Ravi

Section 143(2)

…lity of the seeds, the condition of the machine, the skill of the driver and the surroundings of electric equipment. The Ld.AR also referred to the decision of the Hon’ble Kerala High Court in the case of St. Teresa’s Oil Mills vs. State of Kerala reported in 76 ITR 365 and submitted that it is unsafe to uphold the rejection of the accounts purely on the ground that there has been divergence in the consumption of electricity. 11. On the contrary Ld.DR relied on the order of AO and regarding the case laws as relied on by the Ld.DR submits that the Hon’ble High Courts decided the issues based on the local conditio…

Dr. Harvinder Singh, Meerut vs. ITO, Meerut

In the result, the appeal of the assessee is alloweci

ITA 5746/DEL/2013[2007-08]Status: DisposedITAT Delhi01 Dec 2016AY 2007-08

Bench: Shri J.S. Reddy & Shri Chandra Mohan Garg. [Assessment Year: 2007-08]

For Appellant: Shri Sandeep Sapra; Adv-

Section 68

…Gauhati H.C.), in which it was held as under: “Where the'genuineness and regularity of the accounts have not been challenged, the account; are prima facie proof of the entries and the correctness thereof u/s (34 of the Evidence Act, 1872 (see page . 8F,G).” 76 ITR 365, St. Teresa Oil Mills Vs. State of Kerala (Kerala H.C.), in which it had been held as under :- “Accounts regularly mcintained in the course of business have to be taken as correct unless there are strong and sufficient reasons to ■indicate that, they are unreliable. The department has to prove satisfactorily that the account books are unreliable,…

ACIT, Circle-3, Asansol vs. Shri Shyam Cement Works Pvt. Ltd., Asansol

In the result Appeal of the Revenue is dismissed

ITA 211/KOL/2014[2010-2011]Status: DisposedITAT Kolkata28 Sept 2016AY 2010-2011

Bench: Shri P. M. Jagtap, Am & Shri K. Narasimha Chary, Jm] I.T.A No. 211/Kol/2014 Assessment Year: 2010-11 Assistant Commissioner Of Income-Tax, Vs. Shri Shyam Cement Works Pvt. Ltd. Circle-3, Kolkata. (Pan: Aadcs8052J) (Appellant) (Respondent) Date Of Hearing: 22.09.2016 Date Of Pronouncement: 28.09.2016

For Appellant: Shri Nicholas Murmu, Addl. CITFor Respondent: Shri S. S. Gupta, FCA

Section 131Section 133(6)Section 143(1)Section 143(3)Section 234BSection 271(1)(c)

…ial year 2009-10 and other details. Learned CIT considered these factors and observed that the observations of the learned AO have become meaningless on this aspect. 15. Learned AR relied upon a decision reported in St. Teresa”s Oil Mills Vs. State of Kerala 76 ITR 365 for the principle that accounts regularly maintained in the course of business have to be taken as correct, unless there are strong and sufficient reasons to indicate that they are unreliable. He placed reliance on CIT Vs Raghuraji Agro Industries 349 ITR 260 (All ), CIT Vs Dinesh Kumar (2005) 98 ttj (Jd) 695, CIT vs Sanjay Oil Cake Industries 197…

ACIT 17(2), Mumbai vs. Varsha P. Shah, Mumbai

In the result, Revenue’s appeal for A

ITA 4489/MUM/2013[2009-10]Status: DisposedITAT Mumbai23 Sept 2016AY 2009-10

Bench: Shri Jason P. Boaz & Shri Sandeep Gosaina C I T - 17(2) Smt. Varsha P. Shah Room No. 217, 2Nd Floor 234/26, 2Nd Floor, Om Niwas 1 Vs. Piramal Chambers, Parel Kartak Road, Wadala Mumbai 400012 Mumbai 400031 Pan - Aaqps4783G Appellant Respondent

For Appellant: Shri Vijay Kumar SoniFor Respondent: Shri Sanjai Parikh

Section 143(1)Section 143(3)Section 36(1)(iii)Section 44A

…at) where the genuineness and regularity of the accounts are not challenged, the accounts are relevant and are prime facie proof of the entries and of the correctness thereof under section 34 of the Evidence ct. St.Teresa's Oil Mills v. State of Kerala (1970) 76 ITR 365 (Ker.) (b) Where there is no qualitative tally between the stock purchased and the stock sold the Books of Accounts cannot be rejected and this view is affirmed at the Hon'ble Bombay High Court in the case of Kishinchand Chellaram - 115 ITR 654. (c) Where the assessee gives some reasons for a fall in the rate of profit, it is for the officer to g…