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 367,368 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

M/S Rajasthan Cable Industries Limited, Kota vs. Deputy Commissioner of Income Tax, Central Circle, Kota

ITA 1052/JPR/2018[2016-17]Status: DisposedITAT Jaipur27 Mar 2019AY 2016-17
For Appellant: Shri Vijay Goyal (CA) &For Respondent: Shri Varinder Mehta (CIT-DR)
Section 143(3)Section 153ASection 68

…while placing reliance upon the aforesaid judgments has held that the theory of preponderance of human probability as pronounced by the Hon’ble Apex Court in the case of CIT v. Durga Prasad More (1971) 82 ITR 540 and Sumiti Dayal v. CIT (1995) 80 Taxmann 89/214 ITR 801 (SC) is of utmost importance. In the cases where it has been established that the source company is a near ‘Paper Company’ solely engaged in the activity of providing accommodation entries, the presumption on the basis of human probability is important. Ld. AO has placed reliance upon the ITA 1121, 1189 & 1052/JP/2018_ 18 M/s Rajasthan Cable Ind…

M/S. Spj Steel and Minerals Ltd., Kolkata vs. DCIT-2, Durgapur

ITA 1072/KOL/2017[2012-13]Status: DisposedITAT Kolkata27 Mar 2019AY 2012-13

Bench: Sri J. Sudhakar Reddy & Sri S.S. Viswanethra Ravi] I.T.A. No. 1072/Kol/2017 Assessment Year: 2012-13 M/S. Spj Steel & Minerals Ltd....…………………………....……………....…………………….....Appellant 2A, Ganesh Chandra Avenue 5Th Floor Room No. 10B Kolkata – 700 013 [Pan : Aalcs 4461 P] Deputy Commissioner Of Income Tax, Circle-2, Durgapur........……….....................Respondent Appearances By: Shri S.M. Surana, Advocate, Appeared On Behalf Of The Assessee. Shri Robin Choudhury, Addl. Cit, Sr. D/R, Appearing On Behalf Of The Revenue.

Section 143(3)Section 250Section 68

…e taxpayer had failed to prove identity, genuineness and creditworthiness of the share premium money. He terms the impugned share subscription premium ₹690/- per share having face value of ₹10/- each as highly exorbitant. Case laws Sumati Dayal vs. CIT (1995) 214 ITR 801 (SC) and CIT vs. Durga Prasad More (1971) 82 ITR 540 (SC) is further quoted during the course of hearing that the relevant evidence submitted during the course of assessment has to be considered as per the human probabilities by removing all blinkers. Our attention is thereafter invited to the relevant nuances of such share subscription routing i…

Asst CIT 19(1), Mumbai vs. Chhaya Gems, Mumbai

ITA 2552/MUM/2017[2007-08]Status: DisposedITAT Mumbai27 Mar 2019AY 2007-08

Bench: Shri Rajesh Kumar, Am & Shri Amarjit Singh, Jm

For Appellant: Shri K.A. Vaidyalingan (AR)For Respondent: Shri Abi Rama Kartikiyen (DR)
Section 133(6)Section 143(3)Section 147

…with the concept of burden of proof, onus of proving is always on the person who makes the claim. While dealing with the issue of deciding the burden of proof, Hon'ble Supreme Court in the cases of CIT Vs. Durgaprasad More 82 ITR 540 and Sumati Dayal Vs. CIT 214 ITR 801 has held that the apparent must be considered real until it is shown that there are reasons to believe that the apparent is not real and that Taxing Authorities are entitled to look into surrounding circumstances to find out the reality and the matter has to be considered by applying the test of human probabilities. The Hon'ble court also held th…

Santi Ranjan Das, North 24 Parganas vs. DCIT, Circle - 51, Kolkata

Appeals are allowed in above terms

ITA 824/KOL/2018[2012-13]Status: DisposedITAT Kolkata22 Mar 2019AY 2012-13

Bench: Hon’Ble Shri S.S. Godara, Jm] I.T.A No. 824/Kol/2018 Assessment Year : 2012-13 Santi Ranjan Das –Vs- Dcit, Circle-51, Kolkata [Pan: Adfpd 9023 L] (Appellant) (Respondent)

For Appellant: Shri A.K. Tibrewal, FCAFor Respondent: Shri C.J. Singh, JCIT, Sr. DR
Section 10(38)Section 143(3)Section 147Section 68

…statement(s), brokers’ certificate, contract notes, ledgers, DEMAT statement, bills, contract notes etc. before the Assessing Officer as well as CIT(A). Both the learned authorities quote, hon’ble apex court decision in Sumati Dayal vs CIT reported in [1995] 214 ITR 801 (SC) and CIT vs. Durga Prasad More reported in 82 ITR 540 (SC) to conclude that these assessees have indulged in artificial rigging of scrips prices in collusion various entry operators/ promoters. They have gone by circumstantial evidences than the assessee’s documentary evidence whilst making the impugned addition. I find in this backdrop of fa…

M/S. M.K. Kandoi & Sons, HUF, Kolkata vs. ITO, Ward - 35(4), Kolkata

Appeals are allowed in above terms

ITA 2085/KOL/2018[2015-16]Status: DisposedITAT Kolkata22 Mar 2019AY 2015-16

Bench: Hon’Ble Shri S.S. Godara, Jm] I.T.A No. 824/Kol/2018 Assessment Year : 2012-13 Santi Ranjan Das –Vs- Dcit, Circle-51, Kolkata [Pan: Adfpd 9023 L] (Appellant) (Respondent)

For Appellant: Shri A.K. Tibrewal, FCAFor Respondent: Shri C.J. Singh, JCIT, Sr. DR
Section 10(38)Section 143(3)Section 147Section 68

…statement(s), brokers’ certificate, contract notes, ledgers, DEMAT statement, bills, contract notes etc. before the Assessing Officer as well as CIT(A). Both the learned authorities quote, hon’ble apex court decision in Sumati Dayal vs CIT reported in [1995] 214 ITR 801 (SC) and CIT vs. Durga Prasad More reported in 82 ITR 540 (SC) to conclude that these assessees have indulged in artificial rigging of scrips prices in collusion various entry operators/ promoters. They have gone by circumstantial evidences than the assessee’s documentary evidence whilst making the impugned addition. I find in this backdrop of fa…

Income Tax Officer-13(3)(3), Mumbai vs. Vijay Vision Private Limited, Mumbai

In the result, appeal of the revenue is dismissed in the manner stated above

ITA 4813/MUM/2017[2010-11]Status: DisposedITAT Mumbai22 Mar 2019AY 2010-11

Bench: Shri Saktijit Dey & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.4813/Mum/2017 (नििाारण वर्ा / Assessment Year : 2010-11) बिाम/ Ito -13(3)(3) M/S. Vijay Vision Room No. 227 Private Ltd, 2Nd Floor Spec House, V. Aayakar Bhawan Ramchandra Lane M K Road Extension, Kachpada, Mumbai-400020 Malad (W), Mumbai- 400064 स्थायी ऱेखा सं./ Pan: Aaacv2144B (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) .. Revenue By: Miss. Deepika Arora (Dr) Assessee By: Shri. Bharat K Patel सुनवाई की तारीख /Date Of Hearing : 08.01.2019 घोषणा की तारीख /Date Of Pronouncement : 22.03.2019 आदेश / O R D E R Per Ramit Kochar: This Appeal, Filed By Revenue, Being Ita No. 4813/Mum/2017, Is Directed Against Appellate Order Dated 24.04.2017 In Appeal No. Cit(A)-21/Ito-13(3)(3)/It-107/2016-17, Passed By Learned Commissioner Of Income Tax (Appeals)-21, Mumbai (Hereinafter Called “The Cit(A)”), For Assessment Year 2010-11, The Appellate Proceedings Had Arisen Before Learned Cit(A) From The Assessment Order Dated 17.03.2016 Passed By Learned Assessing Officer (Hereinafter Called “The Ao”) U/S 143(3) R.W.S. 147 Of The Income-Tax Act, 1961 (Hereinafter Called “The Act”) For Ay 2010-11. I.T.A. No.4813/Mum/2017

For Appellant: Shri. Bharat K PatelFor Respondent: Miss. Deepika Arora (DR)
Section 143(1)Section 143(2)Section 143(3)Section 147Section 148

…of evidence do not apply to I.T.Act and the real test with regard to genuineness of the transaction is Preponderance of Probabilities" and not "Beyond reasonable doubt". Reliance is placed on C. Vasantlal & Co. Vs.CIT (1962) (SC) and Sumti Dayal Vs. CIT(1995) 214 ITR 801 (SC). One has to consider the totality of facts, surrounding circumstances and human probability for arriving at a conclusion as held in CIT Vs Durga Prasad 82 ITR 540 (SC) and Sumati Dayal Vs. CIT 214 ITR 801 (SC). h). The purchases from hawala operator falls within tie ambit of the term 'Colorable devices” and the Supreme Court observed in the…

Myneni Venkata Rao, Visakhapatnam vs. The ACIT, Visakhapatnam

In the result, appeals of the assessee for the A

ITA 130/VIZ/2015[2008-09]Status: DisposedITAT Visakhapatnam20 Mar 2019AY 2008-09

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singh

For Appellant: Shri G.V.N.Hari, ARFor Respondent: Shri D.K.Sonowal, CIT DR
Section 132Section 143(3)Section 153A

…rials for which, no explanation could be furnished by assessee. In view of facts mentioned and by placing reliance on the laws laid down by the Hon'ble Apex Court in the case of CIT Vs. Durga Prasad More 110713 82 ITR 50 (SC) and Sumathi Dayal & Vs CIT {1995} 214 ITR 801 (SC), it is considered that chemicals traded by N/s Annam Traders M/s Meenombai Agencies amounting to Rs.3,93,33,219/- are utilized by assessee for unaccounted production. Grass profit on this amount © 50% which is the rate admitted by assessee is applied to arrive at unaccounted income Rs.1,84,86,613/- of assessee for the year. It is added to ta…

Arunachalam Manickavel, Prop: Bharathi Soap Works, 1St Lane, Guntur vs. The ACIT, Circle - 2(1), Guntur

In the result, appeals of the assessee for the A

ITA 174/VIZ/2014[2010-11]Status: DisposedITAT Visakhapatnam20 Mar 2019AY 2010-11

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singh

For Appellant: Shri G.V.N.Hari, ARFor Respondent: Shri D.K.Sonowal, CIT DR
Section 132Section 143(3)Section 153A

…rials for which, no explanation could be furnished by assessee. In view of facts mentioned and by placing reliance on the laws laid down by the Hon'ble Apex Court in the case of CIT Vs. Durga Prasad More 110713 82 ITR 50 (SC) and Sumathi Dayal & Vs CIT {1995} 214 ITR 801 (SC), it is considered that chemicals traded by N/s Annam Traders M/s Meenombai Agencies amounting to Rs.3,93,33,219/- are utilized by assessee for unaccounted production. Grass profit on this amount © 50% which is the rate admitted by assessee is applied to arrive at unaccounted income Rs.1,84,86,613/- of assessee for the year. It is added to ta…

Arunachalam Manickavel, Prop: Bharathi Soap Works, 1St Lane, Guntur vs. The ACIT, Circle - 2(1), Guntur

In the result, appeals of the assessee for the A

ITA 173/VIZ/2014[2009-10]Status: DisposedITAT Visakhapatnam20 Mar 2019AY 2009-10

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singh

For Appellant: Shri G.V.N.Hari, ARFor Respondent: Shri D.K.Sonowal, CIT DR
Section 132Section 143(3)Section 153A

…rials for which, no explanation could be furnished by assessee. In view of facts mentioned and by placing reliance on the laws laid down by the Hon'ble Apex Court in the case of CIT Vs. Durga Prasad More 110713 82 ITR 50 (SC) and Sumathi Dayal & Vs CIT {1995} 214 ITR 801 (SC), it is considered that chemicals traded by N/s Annam Traders M/s Meenombai Agencies amounting to Rs.3,93,33,219/- are utilized by assessee for unaccounted production. Grass profit on this amount © 50% which is the rate admitted by assessee is applied to arrive at unaccounted income Rs.1,84,86,613/- of assessee for the year. It is added to ta…

Arunachalam Manickavel, Prop: Bharathi Soap Works, 1St Lane, Guntur vs. The ACIT, Circle - 2(1), Guntur

In the result, appeals of the assessee for the A

ITA 172/VIZ/2014[2008-09]Status: DisposedITAT Visakhapatnam20 Mar 2019AY 2008-09

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singh

For Appellant: Shri G.V.N.Hari, ARFor Respondent: Shri D.K.Sonowal, CIT DR
Section 132Section 143(3)Section 153A

…rials for which, no explanation could be furnished by assessee. In view of facts mentioned and by placing reliance on the laws laid down by the Hon'ble Apex Court in the case of CIT Vs. Durga Prasad More 110713 82 ITR 50 (SC) and Sumathi Dayal & Vs CIT {1995} 214 ITR 801 (SC), it is considered that chemicals traded by N/s Annam Traders M/s Meenombai Agencies amounting to Rs.3,93,33,219/- are utilized by assessee for unaccounted production. Grass profit on this amount © 50% which is the rate admitted by assessee is applied to arrive at unaccounted income Rs.1,84,86,613/- of assessee for the year. It is added to ta…

Arunachalam Manickavel, Prop: Bharathi Soap Works, 1St Lane, Guntur vs. The ACIT, Circle - 2(1), Guntur

In the result, appeals of the assessee for the A

ITA 171/VIZ/2014[2007-08]Status: DisposedITAT Visakhapatnam20 Mar 2019AY 2007-08

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singh

For Appellant: Shri G.V.N.Hari, ARFor Respondent: Shri D.K.Sonowal, CIT DR
Section 132Section 143(3)Section 153A

…rials for which, no explanation could be furnished by assessee. In view of facts mentioned and by placing reliance on the laws laid down by the Hon'ble Apex Court in the case of CIT Vs. Durga Prasad More 110713 82 ITR 50 (SC) and Sumathi Dayal & Vs CIT {1995} 214 ITR 801 (SC), it is considered that chemicals traded by N/s Annam Traders M/s Meenombai Agencies amounting to Rs.3,93,33,219/- are utilized by assessee for unaccounted production. Grass profit on this amount © 50% which is the rate admitted by assessee is applied to arrive at unaccounted income Rs.1,84,86,613/- of assessee for the year. It is added to ta…

Arunachalam Manickavel, Prop: Bharathi Soap Works, 1St Lane, Guntur vs. The ACIT, Circle - 2(1), Guntur

In the result, appeals of the assessee for the A

ITA 170/VIZ/2014[2006-07]Status: DisposedITAT Visakhapatnam20 Mar 2019AY 2006-07

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singh

For Appellant: Shri G.V.N.Hari, ARFor Respondent: Shri D.K.Sonowal, CIT DR
Section 132Section 143(3)Section 153A

…rials for which, no explanation could be furnished by assessee. In view of facts mentioned and by placing reliance on the laws laid down by the Hon'ble Apex Court in the case of CIT Vs. Durga Prasad More 110713 82 ITR 50 (SC) and Sumathi Dayal & Vs CIT {1995} 214 ITR 801 (SC), it is considered that chemicals traded by N/s Annam Traders M/s Meenombai Agencies amounting to Rs.3,93,33,219/- are utilized by assessee for unaccounted production. Grass profit on this amount © 50% which is the rate admitted by assessee is applied to arrive at unaccounted income Rs.1,84,86,613/- of assessee for the year. It is added to ta…

Arunachalam Manickavel, Prop: Bharathi Soap Works, 1St Lane, Guntur vs. The ACIT, Circle - 2(1), Guntur

In the result, appeals of the assessee for the A

ITA 169/VIZ/2014[2005-06]Status: DisposedITAT Visakhapatnam20 Mar 2019AY 2005-06

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singh

For Appellant: Shri G.V.N.Hari, ARFor Respondent: Shri D.K.Sonowal, CIT DR
Section 132Section 143(3)Section 153A

…rials for which, no explanation could be furnished by assessee. In view of facts mentioned and by placing reliance on the laws laid down by the Hon'ble Apex Court in the case of CIT Vs. Durga Prasad More 110713 82 ITR 50 (SC) and Sumathi Dayal & Vs CIT {1995} 214 ITR 801 (SC), it is considered that chemicals traded by N/s Annam Traders M/s Meenombai Agencies amounting to Rs.3,93,33,219/- are utilized by assessee for unaccounted production. Grass profit on this amount © 50% which is the rate admitted by assessee is applied to arrive at unaccounted income Rs.1,84,86,613/- of assessee for the year. It is added to ta…

Arunachalam Manickavel, Prop: Bharathi Soap Works, 1St Lane, Guntur vs. The ACIT, Circle - 2(1), Guntur

In the result, appeals of the assessee for the A

ITA 168/VIZ/2014[2004-05]Status: DisposedITAT Visakhapatnam20 Mar 2019AY 2004-05

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singh

For Appellant: Shri G.V.N.Hari, ARFor Respondent: Shri D.K.Sonowal, CIT DR
Section 132Section 143(3)Section 153A

…rials for which, no explanation could be furnished by assessee. In view of facts mentioned and by placing reliance on the laws laid down by the Hon'ble Apex Court in the case of CIT Vs. Durga Prasad More 110713 82 ITR 50 (SC) and Sumathi Dayal & Vs CIT {1995} 214 ITR 801 (SC), it is considered that chemicals traded by N/s Annam Traders M/s Meenombai Agencies amounting to Rs.3,93,33,219/- are utilized by assessee for unaccounted production. Grass profit on this amount © 50% which is the rate admitted by assessee is applied to arrive at unaccounted income Rs.1,84,86,613/- of assessee for the year. It is added to ta…

Soumitra Choudhury, Kolkata vs. ACIT, Circle - 22, Kolkata

ITA 256/KOL/2019[2012-13]Status: DisposedITAT Kolkata15 Mar 2019AY 2012-13

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Years :2012-13 Soumitra Choudhury V/S. Acit, Circle-12 28C, Satish Mukherjee 54/1, Rafi Ahmed Road, Kolkata-700026 Kidwai Road, [Pan No.Acnpc 4627 Q] Kolkarta-16 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri Miraj D Shah, Advocate अपीलाथ" क" ओर से/By Appellant Shri Sankar Halder, Jcit-Sr-Dr ""यथ" क" ओर से/By Respondent 13-03-2019 सुनवाई क" तार"ख/Date Of Hearing Assessment Year :2015-16 Purushottam Das Agarwal V/S. Income Tax Officer, C/O Balaji Enterprises, Ward-35(1), Aayakar 83/85 N.S. Road, Ground Bhawan Porva, 110, Floor, Kolkata Shantipally, Kokata- [Pan No.Actpa 9138 Q] 107 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri Subash Agarwal Advocate अपीलाथ" क" ओर से/By Appellant Shri Sankar Halder, Jcit-Sr-Dr ""यथ" क" ओर से/By Respondent 14-03-2019 सुनवाई क" तार"ख/Date Of Hearing 15-03-2019 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- These Two Assessees Have Filed Their Instant Appeal(S) For Assessment Year(S) 2012-13 & 2015-16 Against The Commissioner Of Income Tax

Section 10(38)Section 131Section 133(6)Section 143(3)Section 148Section 68

…he Hon'ble Supreme Court in the case of CIT vs. Durga Prasad More (82 ITR 540) has held that the surrounding circumstances muss be seen to find out the reality of the recitals made in the document. This principle was reaffirmed by the Hon'ble Supreme Court in 214 ITR 801 where in it was held that the apparent can be rejected where there are reasons to believe that the apparent is not the real fact. 6.4 I find all the judgements relied upon by the appellant fall flat in the face of the facts of the case and preponderance of probability against the assessee. In fact,' the decision of the Hon'ble Bombay High Court i…

Purushottam Das Agarwal, Kolkata vs. ITO, Ward - 35(1), Kolkata

ITA 2421/KOL/2018[2015-16]Status: DisposedITAT Kolkata15 Mar 2019AY 2015-16

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Years :2012-13 Soumitra Choudhury V/S. Acit, Circle-12 28C, Satish Mukherjee 54/1, Rafi Ahmed Road, Kolkata-700026 Kidwai Road, [Pan No.Acnpc 4627 Q] Kolkarta-16 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri Miraj D Shah, Advocate अपीलाथ" क" ओर से/By Appellant Shri Sankar Halder, Jcit-Sr-Dr ""यथ" क" ओर से/By Respondent 13-03-2019 सुनवाई क" तार"ख/Date Of Hearing Assessment Year :2015-16 Purushottam Das Agarwal V/S. Income Tax Officer, C/O Balaji Enterprises, Ward-35(1), Aayakar 83/85 N.S. Road, Ground Bhawan Porva, 110, Floor, Kolkata Shantipally, Kokata- [Pan No.Actpa 9138 Q] 107 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri Subash Agarwal Advocate अपीलाथ" क" ओर से/By Appellant Shri Sankar Halder, Jcit-Sr-Dr ""यथ" क" ओर से/By Respondent 14-03-2019 सुनवाई क" तार"ख/Date Of Hearing 15-03-2019 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- These Two Assessees Have Filed Their Instant Appeal(S) For Assessment Year(S) 2012-13 & 2015-16 Against The Commissioner Of Income Tax

Section 10(38)Section 131Section 133(6)Section 143(3)Section 148Section 68

…he Hon'ble Supreme Court in the case of CIT vs. Durga Prasad More (82 ITR 540) has held that the surrounding circumstances muss be seen to find out the reality of the recitals made in the document. This principle was reaffirmed by the Hon'ble Supreme Court in 214 ITR 801 where in it was held that the apparent can be rejected where there are reasons to believe that the apparent is not the real fact. 6.4 I find all the judgements relied upon by the appellant fall flat in the face of the facts of the case and preponderance of probability against the assessee. In fact,' the decision of the Hon'ble Bombay High Court i…

DCIT 24(3), Mumbai vs. Kewal Kiran Enterparises, Mumbai

In the result, appeal filed by the revenue for assessment year 2010-2011

ITA 3905/MUM/2014[2010-11]Status: DisposedITAT Mumbai15 Mar 2019AY 2010-11

Bench: Shri G.S. Pannu (Vp) & Shri Ram Lal Negi (Jm) Assessment Year: 2010-11 The Dcit-24(3), M/S Kewal Kiran Enterprises, Room No. 701, C-11, B-101/107, Synthofine Estate, 7Th Floor, B.K.C. Bandra (E)), Opp. Virwani Ind. Estate, Mumbai 400051 Vs. Goregaon (East), Mumbai - 400063 Pan: Aaafk2525L (Appellant) (Respondent)

For Appellant: Ayushi Modani (AR)For Respondent: Shri Satish Chandra Rapre (DR)
Section 143Section 143(1)Section 143(3)Section 14ASection 36Section 36(1)(iii)Section 37Section 40A(2)(b)

…as substantial modification in the client code to the extent of 998 times and that same were made intentionally and to suppress the profits. The Ld. C.I.T. (A) further erred not relying on the decision of the Hon’ble Supreme Court in the case of Sumati Dayal 214 ITR 801 wherein it has been held that test of human probabilities should be applied to verity whether the transfer is real or has been made to give it a colour of reality. 4. Whether on the facts and in the circumstances of the case and in law, the Ld. C.I.T. (A) erred in deleting the addition of Rs. 70,000/- made on account of sundry balance written of…

Nitin Rasiklal Sanghvi, Banaskantha vs. The ITO Ward-2, Palanpur

In the result, the appeals of the assessee are dismissed

ITA 2305/AHD/2017[2011-12]Status: DisposedITAT Ahmedabad08 Mar 2019AY 2011-12

Bench: Shri Rajpal Yadavआयकर अपील सं./ Ita No.2304 & 2305/Ahd/2017 "नधा"रण वष"/Asstt. Year: 2010-11 & 2011-12 Nitin Rasiklal Sanghvi Vs. Ito, Ward-2 Prop. M/S.Bony Exports Palanpur. 1, Paras Society Neminath Nagar, At. Deesa Tal. Deesa, Dist. Banakantha. Pan : Amjps 3742 E

For Appellant: Shri Anil BrahmkshatriyaFor Respondent: Shri Anand Kumar, Sr.DR
Section 143(2)Section 148

…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 Vs 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 tic…

Nitin Rasiklal Sanghvi, Banaskantha vs. The ITO Ward-2, Palanpur

In the result, the appeals of the assessee are dismissed

ITA 2304/AHD/2017[2010-11]Status: DisposedITAT Ahmedabad08 Mar 2019AY 2010-11

Bench: Shri Rajpal Yadavआयकर अपील सं./ Ita No.2304 & 2305/Ahd/2017 "नधा"रण वष"/Asstt. Year: 2010-11 & 2011-12 Nitin Rasiklal Sanghvi Vs. Ito, Ward-2 Prop. M/S.Bony Exports Palanpur. 1, Paras Society Neminath Nagar, At. Deesa Tal. Deesa, Dist. Banakantha. Pan : Amjps 3742 E

For Appellant: Shri Anil BrahmkshatriyaFor Respondent: Shri Anand Kumar, Sr.DR
Section 143(2)Section 148

…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 Vs 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 tic…

Shri Hardik Satish Sharma, Ahmedabad vs. The Income Tax Officer, Ward-9(2), Ahmedabad

In the result, assessee’s appeal is partly allowed

ITA 3185/AHD/2014[2008-09]Status: DisposedITAT Ahmedabad07 Mar 2019AY 2008-09

Bench: Shri Pramod Kumar & Ms. Madhumita Roy

For Appellant: Shri S. N. Divatia, A.RFor Respondent: Shri Vinod Tanwani, Sr. D.R
Section 143(3)Section 250Section 69

…from the Bank clearly proves the fact of Rs.1,60,000/- was deposited by the wife of the assessee. He, further relied upon two judgments passed in the matter of Nemi Chand Kothari-vs-CIT [2004] 136 Taxman 213 (Gau.) and Sumati Dayal-vs-CIT [1995] 80 Taxman 89/214 ITR 801 (SC). According to him, it is evident from the records that the assessee nowhere manipulated by hiding his income and therefore he ITA Nos.3184/Ahd/2014 Hardik Satish Sharma vs. The ITO Asst.Year – 2008-09 prayed for deletion of addition made by the authorities below. On the contrary, the Learned DR relied upon the orders passed by the authorit…