Tax Vs. Kulwant Rai (2007) 291 ITR 36 (Delhi) (ix) Assistant Commissioner of Income Tax v. Kences Foundation Pvt. Ltd.

289 ITR 509High Court2007#4664 most cited

What is Tax Vs. Kulwant Rai (2007) 291 ITR 36 (Delhi) (ix) Assistant Commissioner of Income Tax v. Kences Foundation Pvt. Ltd. authority for?

Additions to income based solely on seized documents or notings without corroborative evidence are not sustainable. The department's presumption that jottings represent income not disclosed in books requires direct evidence.

25

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2019 to 2023.

Also referred to as

Tax Vs. Kulwant Rai · seized documents · corroborative evidence · undisclosed income · additions to income · notings and jottings · presumption of income · section 131(1a)

Issues it is cited on

peak credit theorysection 65bsection 65section 131(1a)short term capital gainspanchnamasection 132(4a)section 34section 292cchildapplication of incomeshort term capital gain

Judgments citing Tax Vs. Kulwant Rai (2007) 291 ITR 36 (Delhi) (ix) Assistant Commissioner of Income Tax v. Kences Foundation Pvt. Ltd.

Shri Kamlesh Kumar Choudhary, Gwalior vs. The DCIT 1(1), Bhopal

In the result these bunch of fourteen appeals of the assessee’s for Assessment Year 2009-10 are partly allowed for statistical purposes

ITA 704/IND/2016[2009-10]Status: DisposedITAT Indore04 Jun 2019AY 2009-10

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Borad

…toward “on money” on the basis of Maulik Kumar K seized paper along without any Shah corroborative evidence accnot be sustained 8 (2007) 291 ITR 36 No addition can be made based on Para 67-70 (Delhi) CIT v. surmises and gues work 12 & Kulwant Rai 13 9 (2007) 289 ITR 509 Seized docuemnts are not a Para 71-75 ACIT v. Kences conclusive proof to arrive at 16 & Foundation P. Ltd. undisclosed income 17 10 (2009) 308 ITR 230 If there is no corroborative or Para 3 76-78 (Del) CIT v. D.K. direct evidence to presume that Gupta the notings/jottings has materialized into transactions giving rise to income not disclosed in t…

Shri Khemraj Singh Chauhan, Gwalior vs. The DCIT 1(1), Bhopal

In the result these bunch of fourteen appeals of the assessee’s for Assessment Year 2009-10 are partly allowed for statistical purposes

ITA 703/IND/2016[2009-10]Status: DisposedITAT Indore04 Jun 2019AY 2009-10

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Borad

…toward “on money” on the basis of Maulik Kumar K seized paper along without any Shah corroborative evidence accnot be sustained 8 (2007) 291 ITR 36 No addition can be made based on Para 67-70 (Delhi) CIT v. surmises and gues work 12 & Kulwant Rai 13 9 (2007) 289 ITR 509 Seized docuemnts are not a Para 71-75 ACIT v. Kences conclusive proof to arrive at 16 & Foundation P. Ltd. undisclosed income 17 10 (2009) 308 ITR 230 If there is no corroborative or Para 3 76-78 (Del) CIT v. D.K. direct evidence to presume that Gupta the notings/jottings has materialized into transactions giving rise to income not disclosed in t…

Shri Sukhdev Singh Dhariwal, Gwalior vs. The DCIT 1(1), Bhopal

In the result these bunch of fourteen appeals of the assessee’s for Assessment Year 2009-10 are partly allowed for statistical purposes

ITA 702/IND/2016[2009-10]Status: DisposedITAT Indore04 Jun 2019AY 2009-10

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Borad

…toward “on money” on the basis of Maulik Kumar K seized paper along without any Shah corroborative evidence accnot be sustained 8 (2007) 291 ITR 36 No addition can be made based on Para 67-70 (Delhi) CIT v. surmises and gues work 12 & Kulwant Rai 13 9 (2007) 289 ITR 509 Seized docuemnts are not a Para 71-75 ACIT v. Kences conclusive proof to arrive at 16 & Foundation P. Ltd. undisclosed income 17 10 (2009) 308 ITR 230 If there is no corroborative or Para 3 76-78 (Del) CIT v. D.K. direct evidence to presume that Gupta the notings/jottings has materialized into transactions giving rise to income not disclosed in t…

Shri Sanjay Kumar Sahu, Gwalior vs. The DCIT 1(1), Bhopal

In the result these bunch of fourteen appeals of the assessee’s for Assessment Year 2009-10 are partly allowed for statistical purposes

ITA 701/IND/2016[2009-10]Status: DisposedITAT Indore04 Jun 2019AY 2009-10

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Borad

…toward “on money” on the basis of Maulik Kumar K seized paper along without any Shah corroborative evidence accnot be sustained 8 (2007) 291 ITR 36 No addition can be made based on Para 67-70 (Delhi) CIT v. surmises and gues work 12 & Kulwant Rai 13 9 (2007) 289 ITR 509 Seized docuemnts are not a Para 71-75 ACIT v. Kences conclusive proof to arrive at 16 & Foundation P. Ltd. undisclosed income 17 10 (2009) 308 ITR 230 If there is no corroborative or Para 3 76-78 (Del) CIT v. D.K. direct evidence to presume that Gupta the notings/jottings has materialized into transactions giving rise to income not disclosed in t…

The ACIT- 1(1), Bhopal vs. Shri Vinod Vaish, Bhopal

In the result these bunch of fourteen appeals of the assessee’s for Assessment Year 2009-10 are partly allowed for statistical purposes

ITA 189/IND/2013[2009-10]Status: DisposedITAT Indore04 Jun 2019AY 2009-10

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Borad

…toward “on money” on the basis of Maulik Kumar K seized paper along without any Shah corroborative evidence accnot be sustained 8 (2007) 291 ITR 36 No addition can be made based on Para 67-70 (Delhi) CIT v. surmises and gues work 12 & Kulwant Rai 13 9 (2007) 289 ITR 509 Seized docuemnts are not a Para 71-75 ACIT v. Kences conclusive proof to arrive at 16 & Foundation P. Ltd. undisclosed income 17 10 (2009) 308 ITR 230 If there is no corroborative or Para 3 76-78 (Del) CIT v. D.K. direct evidence to presume that Gupta the notings/jottings has materialized into transactions giving rise to income not disclosed in t…