SumatiDayal v. CIT

113 ITR 522High Court1978#2837 most cited

What is SumatiDayal v. CIT authority for?

When an assessee fails to discharge the onus to prove the identity, creditworthiness, and genuineness of cash credits under Section 68, the Assessing Officer is justified in making an addition to income. Appellate authorities also possess the power to admit additional evidence during appeal proceedings, as the Evidence Act does not apply to their proceedings.

41

judgments rely on this decision, according to BharatTax’s citation analysis of 366,315 Indian tax judgments — from 2008 to 2024.

Also referred to as

Sumati Dayal v. CIT · R Dalmia v. CIT · 113 ITR 522 · Section 68 Income Tax Act · cash credits onus of proof · assessee's burden · identity creditworthiness genuineness · admission of additional evidence · Section 251 Income Tax Act · unexplained money addition · appellate tribunal powers

Issues it is cited on

Judgments citing SumatiDayal v. CIT

Marotrao Laxman Khadse, Nagpur vs. Income Tax Officer, Ward 3(4), Nagpur

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

ITA 187/NAG/2022[2014-15]Status: DisposedITAT Nagpur28 Feb 2024AY 2014-15

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.187/Nag/2022 िनधा"रण वष" / Assessment Year : 2014-15 Marotrao Laxman Khadse, The Income Tax Address: 4, Ward No.1, Vs Officer, Ward-3(4), Hdkeshwar, District: Nagpur. Nagpur. Maharashtra – 440034. Pan: Cropk0636B Appellant/ Assessee Respondent/Revenue Assessee By None. Revenue By Shri Abhay Y. Marathe– Sr.Dr Date Of Hearing 23/02/2024 Date Of Pronouncement 28/02/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac],Under Section 250 Of The Income Tax Act, 1961 Dated 26.04.2022 Emanating From The Order Under Section 143(3) R.W.S 147 Of The Act, 1961 Dated 16.12.2019. The Grounds Of Appeal Raised By The Assessee Are As Under : Marotrao Laxman Khadse [A]

Section 143(3)Section 148Section 250Section 50CSection 54B

…laboratory of the Government examiner and also the affidavit of the author of the 6 Marotrao Laxman Khadse [A] diary, though the documents had direct bearing on the issue.” Unquote 5.4 Similarly, the Hon’ble Delhi High Court in the case of R Dalmia Vs. CIT 113 ITR 522 (Delhi) has observed as under : Quote, “it was submitted, again, merely in passing, and as an adjunct to the main submission on which we have already dwelt, that the Tribunal was in error in admitting the balance-sheets and profit and loss accounts of J.T. as additional evidence at the hearing of the appeal. It was conceded that the Tribunal had…

SumatiDayal v. CIT (113 ITR 522) — Cited in 41 Judgments | BharatTax