Sumati Dayal v. CIT

214 ITR 801Supreme Court of India1995#12 most cited

What is Sumati Dayal v. CIT authority for?

The Revenue is entitled to look behind the apparent form of a transaction to discover its true nature, applying the test of human probabilities and surrounding circumstances. If transactions defy logic or are unnatural, they can be treated as bogus, even if supported by some documentation, especially in cases of cash credits or unexplained investments.

1,967

judgments rely on this decision, according to BharatTax’s citation analysis of 367,842 Indian tax judgments — from 2010 to 2026.

Also referred to as

Sumati Dayal v CIT · Section 68 · human probabilities · genuineness of transaction · true nature of transaction · accommodation entry · bogus capital gains · penny stock · look behind apparent form · preponderance of probability · colourable device · unexplained loans

Also reported as

80 Taxmann 89125 CTR 124

Sections most often in play

Section 68Section 143(3)Section 147Section 148Section 142(1)Section 115BBESection 69CSection 69A
Read the full judgment

Issues it is cited on

price riggingcolourable devicepreponderance of probabilitybogus ltcgpenny stocksection 10(38)entry operatoraddition under section 68addition u/s 68genuineness of the transactionaccommodation entryshare application money

Judgments citing Sumati Dayal v. CIT

Dsd Homes Pvt Ltd, New Delhi vs. ACIT Circle-7(1), New Delhi

In the result, the appeal of the assessee is party allowed for statistical purpose

ITA 1103/DEL/2020[2016-17]Status: DisposedITAT Delhi15 Nov 2022AY 2016-17

Bench: Shri Shamim Yahya & Shri Yogesh Kumar U.S.

For Appellant: N o n eFor Respondent: Shri Rajendra Jha
Section 143(3)Section 68

…m the judgment of Hon’ble High 4 DSD Homes P. Ltd., N. Delhi Court of Delhi in the case of Pr. CIT-7 vs. Bikram Singh (ITA No. 55/2017), Judgement of Hon'ble Supreme Court CIT vs. Durga Prasad More (1971) 82 ITR 540 (SC), Case of Sumati Dayal vs. CIT (1995) 214 ITR 801 (SC). Hence, addition of Rs. 3,15,25,200/- is made as unexplained cash credit u/s 68 of the I.T. Act.” 8. During the appellate proceedings, the Ld.CIT(A) has not decided the appeal on merit. Though the assessee has not appeared before the appellate proceeding the Ld.CIT(A) cannot dismiss the appeal for default without deciding on the merit. Ther…

Late Smt.Mamta Goyal, Through Her Legal Heir, Sh. Shashank Goyal, Agra vs. ITO Ward-39(1), New Delhi

In the result, the appeal of the assessee stands dismissed

ITA 8889/DEL/2019[2015-16]Status: DisposedITAT Delhi15 Nov 2022AY 2015-16

Bench: Shri Shamim Yahya[Assessment Year: 2015-16] Late Smt. Mamta Goyal, The Income Tax Officer, Through Her Legal Hier, Sh. Ward-39(1), Shashank Goyal, Vs New Delhi 145, Kaveri Kunj, Phase-2, Kamla Nagar, Agra Uttar Pradesh-282005 Pan-Aflpg5456Q Assessee Revenue

Section 10(38)Section 143(2)Section 234ASection 271

…Courts and ITATs but the final interpretation of the legislative intent and law of the land has been clearly put forth by the Hon'ble Supreme Court in the following three landmark judgments:- • CIT vs. Durga Prasad More [1971] 82 ITR 540 (SC) • Sumati Dayal 214 ITR 801 (SC) • Me Dowell & Co. 154 ITR 148 (SC) 5.5 As can be seen from the magnitude, volume and surgical precision of the entire operation, it was an exercise which was targeted to introduce unaccounted money into the books, that too without paying taxes, by abusing the exemption provisions u/s 10(38) of the statute, to circumvent the law of the land,…

Harish Sharma HUF, B-1, Patodiya Marg, Shastri Nagar, Jaipur vs. ITO, Ward-5(3), Jaipur

In the result the appeal of the assessee is dismissed

ITA 318/JPR/2022[2014-15]Status: DisposedITAT Jaipur11 Nov 2022AY 2014-15
For Appellant: Sh. P. C. Parwal (CA)For Respondent: Shri Chanchal Meena (JCIT)
Section 10(38)Section 133ASection 143(2)Section 143(3)Section 68Section 69C

…contract notes etc does not inspire any confidence in the light of facts. Test of human probability should be applied and apparent should be ignored to unearth the harsh reality. The ITAT cited the land mark decisions of Hon'ble SC in the case of Sumati Dayal 214 ITR 801 and Durga Prasad More 82 ITR 540 to arrive at the above conclusion. 10 Harish Sharma HUF, Jaipur vs. ITO, Jaipur 6.4 The Hon'ble ITAT, Bangalore in the case of Smt. M.K. Rajeshwari [2018] 99 taxmann.com 339 (Bangalore Trib) has held that where assessee claimed exemption under section 10(38) in respect of capital gain arising from sale of shares,…

The DCIT, Circle-4(1)(1), Ahmedabad vs. Shree Saras Spices & Food Private Ltd., Ahmedabad

In the result, the appeal filed by the Revenue is partly allowed

ITA 620/AHD/2017[2012-13]Status: DisposedITAT Ahmedabad11 Nov 2022AY 2012-13

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyalआयकर अपील सं./Ita No. 478/Ahd/2017 िनधा"रण वष"/Asstt. Year: 2012-2013 M/S. Shree Saras Spices & Foods Pvt. I.T.O., Ltd., Vs. Ward-4(1)(3), A/3, 4Th Floor, Ahmedabad. Casela Tower,, Opp. Iscon Mandir, S.G. Highway, Ahmedabad-380015

For Appellant: Shri M.K. Patel, A.RFor Respondent: Shri Atul Pandey, Sr. D.R
Section 133(6)Section 2(24)(x)Section 68

…nnel is not sufficient enough. As such, the same (genuineness) should also be proved by circumstantial/ surrounding evidences as held by the Hon’ble supreme court in case of Durga Prasad More reported in 82 ITR 540 and in case of Smt. Sumati Dayal reported in 214 ITR 801. 10.3 The last stage comes to verify the creditworthiness of the parties. The term creditworthiness as per Black Law Dictionary refers as: "creditworthy, adj. (1924) (Of a borrower) financially sound enough that a lender will extend credit in the belief default is unlikely; fiscally healthy-creditworthiness. 10.4 Similarly in The New Lexicon Web…

Shree Saras Spices & Foods P. Ltd., Ahmedabad vs. The Income Tax Officer, Ward-4(1)(3), Ahmedabad

In the result, the appeal filed by the Revenue is partly allowed

ITA 478/AHD/2017[2012-13]Status: DisposedITAT Ahmedabad11 Nov 2022AY 2012-13

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyalआयकर अपील सं./Ita No. 478/Ahd/2017 िनधा"रण वष"/Asstt. Year: 2012-2013 M/S. Shree Saras Spices & Foods Pvt. I.T.O., Ltd., Vs. Ward-4(1)(3), A/3, 4Th Floor, Ahmedabad. Casela Tower,, Opp. Iscon Mandir, S.G. Highway, Ahmedabad-380015

For Appellant: Shri M.K. Patel, A.RFor Respondent: Shri Atul Pandey, Sr. D.R
Section 133(6)Section 2(24)(x)Section 68

…nnel is not sufficient enough. As such, the same (genuineness) should also be proved by circumstantial/ surrounding evidences as held by the Hon’ble supreme court in case of Durga Prasad More reported in 82 ITR 540 and in case of Smt. Sumati Dayal reported in 214 ITR 801. 10.3 The last stage comes to verify the creditworthiness of the parties. The term creditworthiness as per Black Law Dictionary refers as: "creditworthy, adj. (1924) (Of a borrower) financially sound enough that a lender will extend credit in the belief default is unlikely; fiscally healthy-creditworthiness. 10.4 Similarly in The New Lexicon Web…

ITO, Ward-12(1), Kolkata vs. Trinetra Merchants(P) Ltd., Kolkata

ITA 570/KOL/2021[2012-13]Status: DisposedITAT Kolkata03 Nov 2022AY 2012-13

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A No.570/Kol/2021 Assessment Year: 2012-13 Ito, Ward-12(1), Kolkata .......….…..…....................................................….. Appellant Vs. Trinetra Merchants (P) Ltd...............................................................…… …. Respondent 14A, Clive Row, 1St Floor, Dalhousie, Kolkata-1. [Pan: Aabct7086M] Appearances By: Shri Manish Tiwari, Fca, Appeared On Behalf Of The Appellant. Shri Partha Pratim Barman, Addl. Cit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 12, 2022 Date Of Pronouncing The Order : November 03, 2022 आदेश / Order मनीष बोरड, लेखा सद"य "वारा / Per Manish Borad: This Appeal Filed By The Revenue Pertaining To The Assessment Year (In Short “Ay”) 2012-13 Is Directed Against The Order Passed U/S 250 Of The Income Tax Act, 1961 (In Short The “Act”) By Commissioner Of Income Tax (Appeals)-7, Kolkata [In Short Ld. “Cit(A)”] Dated 13.07.2020 Which Is Arising Out Of The Assessment Order Framed U/S 143(3) Of The Act Dated 10.03.2015. 2. Registry Has Informed That The Appeal Is Time Barred By 343 Days. Condonation Application Has Been Filed By The Revenue. Perusal Of The Same Shows That The Delay Was On Account Of Covid-19 Restrictions. We, Therefore, In View Of The Judgment Of The Hon’Ble Supreme Court Vide Miscellaneous Application No. 21 Of 2022 Find That The Limitation Period In Filing Appeal Between 15.03.2020 Till

Section 143(3)Section 250Section 68

…g Officer. The ld. Assessing Officer was also not satisfied with the large premium received by the company and after applying the judgment of the Hon’ble Supreme Court in the case of CIT vs. Durga Prasad More 82 ITR 540 and in the case of Sumati Dayal vs. CIT 214 ITR 801 and after applying the test of I.T.A No.570/Kol/2021 Assessment year: 2012-13 Trinetra Merchants (P) Ltd. human probability came to conclusion that it is possible for the company to receive such a huge share premium on its equity shares. Accordingly, addition u/s 68 of the Act for unexplained share capital and share premium at Rs.5,29,00,000/- wa…

Shri Sanjay Shantilal Jain, Mumbai vs. JCIT, Central Range-8, Mumbai

In the result, the appeal of the In the result, the appeal of the assessee is having ITA No

ITA 6124/MUM/2018[2010-11]Status: DisposedITAT Mumbai31 Oct 2022AY 2010-11

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2010-11 Shri Sanjay Shantilal Jain, Dcit-Cc 8(3), 72-7, Kalpataru Residency Tower 6Th Floor, Aayakar Bhavan, Vs. B, Sion Koliwada Road, Sion, M.K. Road, Mumbai-400022. Mumbai-400020. Pan No. Aabpj 3761 A Appellant Respondent Assessment Year: 2010-11 Shri Sanjay Shantilal Jain, Jcit, Central Range-8, 72-7, Kalpataru Residency Tower 6Th Floor, Aayakar Bhavan, Vs. B, Sion Koliwada Road, Sion, M.K. Road, Mumbai-400022. Mumbai-400020. Pan No. Aabpj 3761 A Appellant Respondent : Assessee By Mr. Rushabh Mehta, Ar Revenue By : Mr. Manoj Kumar, Cit- Dr : Date Of Hearing 15/09/2022 Date Of Pronouncement : 31/10/2022

For Respondent: Assessee by Mr. Rushabh Mehta, AR
Section 143(3)Section 40A(3)Section 50Section 68Section 69C

…elied on the The Ld. CIT(A) also relied on the following decisions in support following decisions in support of his claim: Shri Sanjay Shantilal Jain Shri Sanjay Shantilal Jain i. SumatiDayal v. CIT [1995] 80 Taxman/89/ SumatiDayal v. CIT [1995] 80 Taxman/89/214 ITR 801 (SC) 214 ITR 801 (SC) ii. Roshan Di Hatti v. CIT [1997] 107 ITR 983 (SC) Roshan Di Hatti v. CIT [1997] 107 ITR 983 (SC) Roshan Di Hatti v. CIT [1997] 107 ITR 983 (SC) iii. Kale Khan Mohammad Hanif v. CIT [1963] 50 ITR 1 (SC) Kale Khan Mohammad Hanif v. CIT [1963] 50 ITR 1 (SC) Kale Khan Mohammad Hanif v. CIT [1963] 50 ITR 1 (SC) iv. Sreelekha Ban…

Shri Sanjay Shantilal Jain, Mumbai vs. DCIT, Central Range-8 (3), Mumbai

In the result, the appeal of the In the result, the appeal of the assessee is having ITA No

ITA 6123/MUM/2018[2010-11]Status: DisposedITAT Mumbai31 Oct 2022AY 2010-11

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2010-11 Shri Sanjay Shantilal Jain, Dcit-Cc 8(3), 72-7, Kalpataru Residency Tower 6Th Floor, Aayakar Bhavan, Vs. B, Sion Koliwada Road, Sion, M.K. Road, Mumbai-400022. Mumbai-400020. Pan No. Aabpj 3761 A Appellant Respondent Assessment Year: 2010-11 Shri Sanjay Shantilal Jain, Jcit, Central Range-8, 72-7, Kalpataru Residency Tower 6Th Floor, Aayakar Bhavan, Vs. B, Sion Koliwada Road, Sion, M.K. Road, Mumbai-400022. Mumbai-400020. Pan No. Aabpj 3761 A Appellant Respondent : Assessee By Mr. Rushabh Mehta, Ar Revenue By : Mr. Manoj Kumar, Cit- Dr : Date Of Hearing 15/09/2022 Date Of Pronouncement : 31/10/2022

For Respondent: Assessee by Mr. Rushabh Mehta, AR
Section 143(3)Section 40A(3)Section 50Section 68Section 69C

…elied on the The Ld. CIT(A) also relied on the following decisions in support following decisions in support of his claim: Shri Sanjay Shantilal Jain Shri Sanjay Shantilal Jain i. SumatiDayal v. CIT [1995] 80 Taxman/89/ SumatiDayal v. CIT [1995] 80 Taxman/89/214 ITR 801 (SC) 214 ITR 801 (SC) ii. Roshan Di Hatti v. CIT [1997] 107 ITR 983 (SC) Roshan Di Hatti v. CIT [1997] 107 ITR 983 (SC) Roshan Di Hatti v. CIT [1997] 107 ITR 983 (SC) iii. Kale Khan Mohammad Hanif v. CIT [1963] 50 ITR 1 (SC) Kale Khan Mohammad Hanif v. CIT [1963] 50 ITR 1 (SC) Kale Khan Mohammad Hanif v. CIT [1963] 50 ITR 1 (SC) iv. Sreelekha Ban…

Dy. Commissioner of Income Tax, Central Circle-1(1), Hyderabad vs. Gokul Gems and Jewels Private Limited, Hyderabad

In the result, the appeal filed by the Revenue is dismissed

ITA 837/HYD/2018[2014-15]Status: DisposedITAT Hyderabad28 Oct 2022AY 2014-15

Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year: 2014-15 Dy. C.I.T. Vs. Gokul Gems & Jewels Central Circle 1(1), Private Limited Hyderabad. Hyderabad. Pan:Aadcg0272G (Appellant) (Respondent) Assessee By: Shri K.C. Devdas, Ca Revenue By: Shri K. Madhusudan, Dr Date Of Hearing: 17/10/2022 Date Of Pronouncement: 31/10/2022 Order Per Laliet Kumar, J.M This Appeal Filed By The Revenue Is Directed Against The Order Dated 21/12/2017 Of The Learned Cit (A)-11, Hyderabad Relating To A.Y.2014-15. 2. The Revenue Has Raised The Following Grounds Of Appeal: “1. The Learned Cit(A) Erred In Both Facts & In Law. 2. The Learned Cit(A) Ought To Have Appreciated The Fact That During Search & Seizure Operation Conducted On 19.11.2013 Physical Cash Of Rs. 16,57,800/- Only Was Found In The Business Premises As Well As The Residential Premises Of The Directors & That The Directors & Their Family Members Did Not Disclose Availability Of The Balance Cash Of Rs. 1,71,59, 105/- .

For Appellant: Shri K.C. Devdas, CAFor Respondent: Shri K. Madhusudan, DR
Section 132Section 142(1)Section 69A

…he test of human probabilities has rightly treated the amount of cash of Rs. 1,70,50,000/- as unexplained cash credit u/s 69A of the I.T. Act. 6. The learned CIT(A) ought to have appreciated the spirit of Apex Court judgment in the case of Sumati Dayal v. CIT 214 ITR 801 (SC) wherein it has been laid down by Court that the apparent must be considered real until it is shown that there are reasons to believe that the apparent is not the real and that the taxing authorities are entitled to look into the surrounding circumstances to find out the reality and the matter has to be considered by applying the test of huma…

M/S Kuber Roller Flour Mills, Chandigarh vs. ITO-Ward-2(1), Chandigarh

In the result, appeal of the assessee is allowed

ITA 145/CHANDI/2020[2011-12]Status: DisposedITAT Chandigarh26 Oct 2022AY 2011-12
For Appellant: Shri B.M. Monga, AdvocateFor Respondent: Smt. Amanpreet Kaur, Sr. DR
Section 131Section 133(6)Section 143(2)Section 148Section 250(6)

…nts that the unassailable fact that the suppliers are non-existent and thus the bogus purchases should be ignored and only the documents produced should be considered is totally unsustainable in light of various settled judicial precedent such as Sumati Dayal 214 ITR 801 and Durga Prasad More 82 ITR 540. She accordingly supported the order and findings of the ld CIT(A) and submitted that the appeal so filed by the assessee be dismissed and the order of the ld CIT(A) be sustained. 9. I have heard the rival contentions and purused the material available on record. I find that the purchases so made by the assessee…

Amit Bhaskarrao Sanap, Aurangabad vs. Assistant Commissioner of Income-Tax, Circle -3, Aurangabad

In the result, appeal of the Assessee is Dismissed

ITA 78/PUN/2019[2015-16]Status: DisposedITAT Pune19 Oct 2022AY 2015-16

Bench: Shri Partha Sarathi Chaudhury & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.78/Pun/2019 िनधा"रण वष" / Assessment Year : 2015-16 Amit Bhaskarrao Sanap, The Assistant A-2, N-4, Cidco, Aurangabad, Vs Commissioner Of Income Maharashtra – 431001. Tax, Circle-3, Aurangabad. Pan: Auips 4177 L Appellant/ Assessee Respondent /Revenue Assessee By None. Revenue By Shri S P Walimbe & Shri Arvind Desai – Dr Date Of Hearing 25/07/2022 Date Of Pronouncement 19/10/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-2, Aurangabad, Dated 13.11.2018 For The A.Y. 2015-16. The Assessee Has Raised The Following Grounds Of Appeal: “1. The Order Of The Learned Commissioner (A), Aurangabad Confirming The Addition Of Rs.1,93.17.241/- Made By The A.O. In Computing The Income U/S 56 Instead Of Exempt U S. 10(38) Of The Act Of The Appellant Is Contrary To Law & Facts Of The Case.

Section 10(38)Section 56

…s Court in several decisions." 15.2 This entire edifice through which the assessee claimed to have earned huge tax exempt gains within a very short span of time fails the tests of both genuineness and human probabilities. In the case of Sumati Dayal Vs CIT (214 ITR 801) the apex court propounded the principle of human probabilities and applying it in that case held that whether apparent is real is to be decided on the basis of incriminating circumstances. The supreme court even took note of the scheme of converting black money into white through the route of lottery winnings etc by stating that "In this context…

ITO 3(30(3), Mumbai vs. Solid Machinery Co.P.Ltd, Mumbai

In the result, the appeal is allowed

ITA 5328/MUM/2012[2009-10]Status: DisposedITAT Mumbai19 Oct 2022AY 2009-10
Section 143(3)Section 68

…e reliability of the evidence placed before a court or tribunal. Therefore, the courts and Tribunals have to judge the evidence before them by applying the test of human probabilities". Similarly, in a later decision in the case of Sumati Dayal v. CIT [(1995) 214 ITR 801 (SC)], Hon'ble Supreme Court rejected the theory that it is for alleger to prove that the apparent and not real, and observed that, "This, in our opinion, is a superficial approach to the problem. The matter has to be considered in the light of human probabilities.... Similarly the observation.... that if it is alleged that these tickets were obt…

Sita Devi Agarwal, Jaipur vs. ITO, WD-4(1), Jaipur

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

ITA 56/JPR/2022[2014-15]Status: DisposedITAT Jaipur18 Oct 2022AY 2014-15
For Appellant: Shri C.M. Batwara, AdvocateFor Respondent: Mrs. Monisha Choudhary, JCIT
Section 10(38)Section 143(2)Section 68Section 69C

…the transactions were also unknown to the assessee. All these facts give credence to the unreliability of the entire transaction of shares giving rise to such capital gains. The ratio laid down by the Hon'ble Supreme Court in the case of Sumati Dayal vs. CIT. 214 ITR 801 is squarely applicable to the case. Though the assessee has received the amounts by way of account payee cheques the transactions cannot be treated as genuine in the 18 SMT SITA DEVI AGARWAL VS ITO, WARD 4(1), JAIPUR presence of the overwhelming evidences put forward by the Revenue. The fact that in spite of earning such steep profits, the assess…

ACIT, CC-2, Jaipur vs. Mahendra Singh Ratnawat, Jaipur

In the result, the appeals of the Revenue are dismissed and

ITA 31/JPR/2022[2016-17]Status: DisposedITAT Jaipur18 Oct 2022AY 2016-17
For Appellant: Shri S.R. Sharma (C.A.) &For Respondent: Shri Sanjay Dhariwal (CIT) fu/kZkfjrh dh vksj ls@
Section 143Section 153ASection 68

…n acquiring this accommodation entries @ 0.25%. 4. While granting relief to the assessee, the learned CIT appeals has ignored the test of human probability and surrounding circumstances as laid down by the honorable Supreme Court in the cases of Sumati Dayal 214 ITR 801 SC and Durga Prasad More 82 ITR 540 SC. 5. The Appellant craves leave or reserves right to amend, modify, alter, add or forego any ground(s) of appeal at any time before or during the hearing of this appeal” ACIT vs. Mahendra Singh Ratnawat & Ors 5. The skeletal facts essential for deciding the appeal are that the assessee derives his income f…

ACIT, CC-2, Jaipur vs. Mahendra Singh Ratnawat, Jaipur

In the result, the appeals of the Revenue are dismissed and

ITA 30/JPR/2022[2015-16]Status: DisposedITAT Jaipur18 Oct 2022AY 2015-16
For Appellant: Shri S.R. Sharma (C.A.) &For Respondent: Shri Sanjay Dhariwal (CIT) fu/kZkfjrh dh vksj ls@
Section 143Section 153ASection 68

…n acquiring this accommodation entries @ 0.25%. 4. While granting relief to the assessee, the learned CIT appeals has ignored the test of human probability and surrounding circumstances as laid down by the honorable Supreme Court in the cases of Sumati Dayal 214 ITR 801 SC and Durga Prasad More 82 ITR 540 SC. 5. The Appellant craves leave or reserves right to amend, modify, alter, add or forego any ground(s) of appeal at any time before or during the hearing of this appeal” ACIT vs. Mahendra Singh Ratnawat & Ors 5. The skeletal facts essential for deciding the appeal are that the assessee derives his income f…

ACIT, Jaipur vs. Ratan Kanwar Ratnawat, Jaipur

In the result, the appeals of the Revenue are dismissed and

ITA 323/JPR/2021[2013-14]Status: DisposedITAT Jaipur18 Oct 2022AY 2013-14
For Appellant: Shri S.R. Sharma (C.A.) &For Respondent: Shri Sanjay Dhariwal (CIT) fu/kZkfjrh dh vksj ls@
Section 143Section 153ASection 68

…n acquiring this accommodation entries @ 0.25%. 4. While granting relief to the assessee, the learned CIT appeals has ignored the test of human probability and surrounding circumstances as laid down by the honorable Supreme Court in the cases of Sumati Dayal 214 ITR 801 SC and Durga Prasad More 82 ITR 540 SC. 5. The Appellant craves leave or reserves right to amend, modify, alter, add or forego any ground(s) of appeal at any time before or during the hearing of this appeal” ACIT vs. Mahendra Singh Ratnawat & Ors 5. The skeletal facts essential for deciding the appeal are that the assessee derives his income f…

ACIT, Jaipur vs. Ratan Kanwar Ratnawat, Jaipur

In the result, the appeals of the Revenue are dismissed and

ITA 322/JPR/2021[2012-13]Status: DisposedITAT Jaipur18 Oct 2022AY 2012-13
For Appellant: Shri S.R. Sharma (C.A.) &For Respondent: Shri Sanjay Dhariwal (CIT) fu/kZkfjrh dh vksj ls@
Section 143Section 153ASection 68

…n acquiring this accommodation entries @ 0.25%. 4. While granting relief to the assessee, the learned CIT appeals has ignored the test of human probability and surrounding circumstances as laid down by the honorable Supreme Court in the cases of Sumati Dayal 214 ITR 801 SC and Durga Prasad More 82 ITR 540 SC. 5. The Appellant craves leave or reserves right to amend, modify, alter, add or forego any ground(s) of appeal at any time before or during the hearing of this appeal” ACIT vs. Mahendra Singh Ratnawat & Ors 5. The skeletal facts essential for deciding the appeal are that the assessee derives his income f…

Shankar Ganpat Kunjir, Pune vs. Deputy Commissioner of Income-Tax, Circle - 14, Pune

Appeal is dismissed in above terms

ITA 820/PUN/2019[2014-15]Status: DisposedITAT Pune18 Oct 2022AY 2014-15

Bench: Shri S.S.Godara, Jm & Shri Dr. Dipak P. Ripote, Am आयकर अपील सं./ Ita No.820/Pun/2019 धनधाारण वषा / Assessment Year : 2014-15

For Appellant: Shri Pramod ShingteFor Respondent: Shri M.G.Jasnani
Section 143(3)Section 68

…n two years to deposit back clearly shows that the withdrawn amount has been utilized for unaccounted payments and the subsequent deposit is only out of the unaccounted source. In this regard, the Supreme Court has held in the case of Sumati Dayal reported in 214 ITR 801 that the authorities should come to a conclusion after considering the surrounding circumstances and applying the test of human probabilities instead of dealing a matter in a superficial manner to accept a contention of the assessee. The circumstances in the present case clearly indicate that the amounts which have withdrawn are not the same that…

Sarika Ashok Satav, Pune vs. Income-Tax Officer, Ward - 12(4), Pune

Appeal is partly allowed for statistical purposes in above terms

ITA 1952/PUN/2017[2013-14]Status: DisposedITAT Pune18 Oct 2022AY 2013-14

Bench: Shri S.S.Godara, Jm & Shri G.D. Padmahshali, Am आयकर अपील सं. / Ita No.1952/Pun/2017 धनधाारण वषा / Assessment Year : 2013-14

For Appellant: Shri Deepak SasarFor Respondent: Shri M.G. Jasnani
Section 133(6)Section 143(2)Section 143(3)

…आयकर अपीलीय अधधकरण “बी” न्यायपीठ पुणे में । IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, PUNE BEFORE SHRI S.S.GODARA, JM AND SHRI G.D. PADMAHSHALI, AM आयकर अपील सं. / ITA No.1952/PUN/2017 धनधाारण वषा / Assessment Year : 2013-14 Sarika Ashok Satav, Supreme Angan Society, 1 Building Flat No.301, 3rd Floor, RMC Colony, BAIF Road, Wagholi, Pune – 412 207 .......अपीलाथी / Appellant PAN : DOVPS1327N बनाम / V/s. ……प्रत्यथी / Respondent ITO, 12 (4), Pune Assessee by : Shri Deepak Sasar Revenue by : Shri M.G. Jasnani सुनवाई की तारीख / Date of Hearing : 26.09.2022 घोषणा की तारीख / Date of Pronouncement : 18.10.2022…

Smt. Paramadevi Tekriwal, Bhavnagar vs. The ITO, Ward-1(5), Bhavnagar

In the result, the appeal of the assessee is dismissed

ITA 1999/AHD/2018[2013-14]Status: DisposedITAT Ahmedabad17 Oct 2022AY 2013-14

Bench: Shri P.M. Jagtap, Vice- & Ms. Madhumita Royassessment Year : 2013-14 Smt. Paramadevi Tekriwal, The Income-Tax Officer, D-143, Kaliyabid, Bhavnagar Vs Ward 1(5), Pan : Addpt 3030 F Bhavnagar अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : None Revenue By : Shri Rakesh Jha, Sr. Dr सुनवाई क" तार"ख/Date Of Hearing : 17/10/2022 घोषणा क" तार"ख /Date Of Pronouncement: 17/10/2022 आदेश/O R D E R Per P.M. Jagtap, Vice-: This Appeal Filed By The Assessee Is Directed Against The Order Of The Learned Commissioner Of Income-Tax (Appeals)-6, Ahmedabad (“Cit(A)” In Short) Dated 09.07.2018. 2. The Relevant Facts Of The Case Giving Rise To This Appeal Are That The Assessee Is An Individual Who Filed Her Return Of Income For The Year Under Consideration Originally On 16.03.2014. Although The Said Return Was Originally Accepted Under Section 143(1) Of The Income-Tax Act, 1961 (“The Act” In Short), The Assessment Was Subsequently Reopened By The Assessing Officer On The Basis Of Information Received From Investigation Wing Of The Income-Tax Department That The Long Term Capital Gains Of Rs.1,13,53,982/- Arising From The Sale Of Equity Shares Of Kgn Enterprise Ltd. For A Consideration Of Rs.1,13,87,902/- Claimed As Exempt In The Return Of Income Was Bogus & It Was Actually An Accommodation Entry. The Assessing Officer Accordingly Issued A Notice Under Section 148 Of The Act To Smt. Paramadevi Tekriwal Vs. Ito Ay : 2013-14 2

For Appellant: NoneFor Respondent: Shri Rakesh Jha, Sr. DR
Section 143(1)Section 148Section 68

…आयकर अपीलीय अिधकरण आयकर अपीलीय अिधकरण, अहमदाबाद "यायपीठ आयकर अपीलीय अिधकरण आयकर अपीलीय अिधकरण अहमदाबाद "यायपीठ अहमदाबाद "यायपीठ ‘बी’ अहमदाबाद। अहमदाबाद "यायपीठ अहमदाबाद। अहमदाबाद। अहमदाबाद। IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, AHMEDABAD ] ] BEFORE SHRI P.M. JAGTAP, VICE-PRESIDENT AND MS. MADHUMITA ROY, JUDICIAL MEMBER Assessment Year : 2013-14 Smt. Paramadevi Tekriwal, The Income-tax Officer, D-143, Kaliyabid, Bhavnagar Vs Ward 1(5), PAN : ADDPT 3030 F Bhavnagar अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee by : None Revenue by : Shri Rakesh Jha, Sr. DR सुनवाई क" तार"ख/Date of Hearing : 17/10/20…