Umacharan Shaw & Bros. v. CIT

37 ITR 271Supreme Court of India1959#112 most cited

What is Umacharan Shaw & Bros. v. CIT authority for?

An income tax assessment or addition cannot be sustained solely on the basis of suspicion, surmises, or conjectures, as strong suspicion does not amount to proof. The revenue authorities must rely on concrete evidence and material to frame an assessment.

567

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2013 to 2026.

Also referred to as

Umacharan Shaw & Bros. v. CIT · suspicion not proof · no addition on surmises · conjectures and suspicion · burden of proof income tax · Section 68 cash credits · Section 132(4) statement · assessment without evidence · Section 37(1) business expenditure · genuineness of transaction

Sections most often in play

Section 143(3)Section 132Section 132(4)Section 147Section 68Section 148Section 153ASection 69C

Issues it is cited on

price riggingdumb documentssection 132(4a)statement under section 132(4)bogus long term capital gainsection 292cretracted statementloose paperson-moneybogus ltcgsection 132(4)penny stock

Judgments citing Umacharan Shaw & Bros. v. CIT

D S R Infrastructure Private Limited, Hyderabad vs. DCIT., Central Circle-1(4), Hyderabad

In the result, the appeals of Revenue in ITA Nos

ITA 51/HYD/2024[2020-21]Status: DisposedITAT Hyderabad29 Aug 2024AY 2020-21

Bench: Shri Laliet Kumar, Hon’Ble & Shri Madhusudan Sawdiasl.

For Appellant: Shri A.V. Raghuram, Advocate for assessee at Sl.Nos.1 to 3For Respondent: Date of Hearing
Section 127Section 132Section 133ASection 142(1)Section 143(2)Section 143(3)

…sustainable. In this regard Hon'ble CIT(A) kind attention is invited to the judgment of the Apex Court in the case of M/ s Dhakeswari Cotton Mills Ltd. v. CIT [1954] 26 ITR 77, CIT v. Daulatram Rawatmull [1964] 53 ITR 574, Umacharan Shaw & Bros. V. CIT [1959] 37 ITR 271 (SC). 2. Hon'ble CIT (A)'s kind attention is invited to apportionment of alleged on-money and found noted in the loose slip impounded in the premises of DSR. It is submitted that when the receipt of on money is doubt and appellant denied the same in the course of assessment proceeding the question of apportionment does not arise unless with the he…

DCIT., Central Circle-1(4), Hyderabad vs. Dsr Infrastructure Private Limited, Hyderabad

In the result, the appeals of Revenue in ITA Nos

ITA 50/HYD/2024[2019-20]Status: DisposedITAT Hyderabad29 Aug 2024AY 2019-20

Bench: Shri Laliet Kumar, Hon’Ble & Shri Madhusudan Sawdiasl.

For Appellant: Shri A.V. Raghuram, Advocate for assessee at Sl.Nos.1 to 3For Respondent: Date of Hearing
Section 127Section 132Section 133ASection 142(1)Section 143(2)Section 143(3)

…sustainable. In this regard Hon'ble CIT(A) kind attention is invited to the judgment of the Apex Court in the case of M/ s Dhakeswari Cotton Mills Ltd. v. CIT [1954] 26 ITR 77, CIT v. Daulatram Rawatmull [1964] 53 ITR 574, Umacharan Shaw & Bros. V. CIT [1959] 37 ITR 271 (SC). 2. Hon'ble CIT (A)'s kind attention is invited to apportionment of alleged on-money and found noted in the loose slip impounded in the premises of DSR. It is submitted that when the receipt of on money is doubt and appellant denied the same in the course of assessment proceeding the question of apportionment does not arise unless with the he…

D S R Infrastructureprivate Limited, Hyderabad vs. DCIT., Central Circle- 1(4), Hyderabad

In the result, the appeals of Revenue in ITA Nos

ITA 49/HYD/2024[2019-20]Status: DisposedITAT Hyderabad29 Aug 2024AY 2019-20

Bench: Shri Laliet Kumar, Hon’Ble & Shri Madhusudan Sawdiasl.

For Appellant: Shri A.V. Raghuram, Advocate for assessee at Sl.Nos.1 to 3For Respondent: Date of Hearing
Section 127Section 132Section 133ASection 142(1)Section 143(2)Section 143(3)

…sustainable. In this regard Hon'ble CIT(A) kind attention is invited to the judgment of the Apex Court in the case of M/ s Dhakeswari Cotton Mills Ltd. v. CIT [1954] 26 ITR 77, CIT v. Daulatram Rawatmull [1964] 53 ITR 574, Umacharan Shaw & Bros. V. CIT [1959] 37 ITR 271 (SC). 2. Hon'ble CIT (A)'s kind attention is invited to apportionment of alleged on-money and found noted in the loose slip impounded in the premises of DSR. It is submitted that when the receipt of on money is doubt and appellant denied the same in the course of assessment proceeding the question of apportionment does not arise unless with the he…

ACIT, Circle-10(1), C.R Building, ITO, Delhi vs. Hari Om Retail Private Limited, Shakti Nagar, Delhi

ITA 1700/DEL/2024[2017-18]Status: DisposedITAT Delhi28 Aug 2024AY 2017-18

Bench: Shri M. Balaganesh & Shri Anubhav Sharmaassessment Year: 2017-18

For Appellant: Shri Vibhu Gupta, AdvocateFor Respondent: Shri Ajay Kumar Arora, Sr. DR
Section 142(1)Section 143(2)Section 143(3)Section 68

…e assessee-company wherein the entire sales have been declared which have been accepted as such. It is submitted 6 that the suspicion howsoever strong cannot take the place of proof. Reliance was placed on decision in Uma Charan Shaw & Bros. Co. v. CIT (SC): 37 ITR 271, Dhakeshwari Cotton Mills Ltd. v CIT: 26 ITR 775 (SC). 4. Giving thoughtful consideration to the material before us and the submissions it comes up that AO has not disputed the nature of business activity of the assessee-company as trading of electrical domestic home appliances. It is also not disputed and otherwise also established before us tha…

Assistant Commissioner of Income-Tax, Circle-2(1)(1), Vadodara vs. Oriental Enterprises Private Limited, Pcc Notified Area

ITA 807/AHD/2023[2018-19]Status: DisposedITAT Ahmedabad27 Aug 2024AY 2018-19

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar

For Appellant: Shri Vartik Chokshi, ARFor Respondent: Shri Ashok Natha Bhalekar, Sr.DR
Section 143(3)Section 36(1)(va)Section 37

…the Ld.CIT(A) and stated that the AO has accepted the purchase and expenses related to such payable therefore disallowing 10% on ad-hoc basis is purely guesswork. He placed reliance on decision of Hon’ble Supreme Court in case of Umacharan Shaw & Bros [1959] 37 ITR 271. 8. Upon thorough review of the findings and decision of the Commissioner of Income Tax (Appeals), we conclude that the Ld.CIT(A) meticulously analyzed the basis on which the Assessing Officer (AO) made the disallowance. The AO's decision to disallow 10% of the sundry creditors was primarily due to the lack of supporting documentation and the inab…

Assistant Commissioner of Income-Tax, Circle 2(1)(1), Vadodara vs. Oriental Enterprises Private Limited, Pcc Notified Area

ITA 732/AHD/2023[2016-17]Status: DisposedITAT Ahmedabad27 Aug 2024AY 2016-17

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar

For Appellant: Shri Vartik Chokshi, ARFor Respondent: Shri Ashok Natha Bhalekar, Sr.DR
Section 143(3)Section 36(1)(va)Section 37

…the Ld.CIT(A) and stated that the AO has accepted the purchase and expenses related to such payable therefore disallowing 10% on ad-hoc basis is purely guesswork. He placed reliance on decision of Hon’ble Supreme Court in case of Umacharan Shaw & Bros [1959] 37 ITR 271. 8. Upon thorough review of the findings and decision of the Commissioner of Income Tax (Appeals), we conclude that the Ld.CIT(A) meticulously analyzed the basis on which the Assessing Officer (AO) made the disallowance. The AO's decision to disallow 10% of the sundry creditors was primarily due to the lack of supporting documentation and the inab…

Oriental Enterprise Private Limited, Vadodara vs. The ACIT, Circle-2(1)(2), Vadodara

ITA 661/AHD/2023[2016-17]Status: DisposedITAT Ahmedabad27 Aug 2024AY 2016-17

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar

For Appellant: Shri Vartik Chokshi, ARFor Respondent: Shri Ashok Natha Bhalekar, Sr.DR
Section 143(3)Section 36(1)(va)Section 37

…the Ld.CIT(A) and stated that the AO has accepted the purchase and expenses related to such payable therefore disallowing 10% on ad-hoc basis is purely guesswork. He placed reliance on decision of Hon’ble Supreme Court in case of Umacharan Shaw & Bros [1959] 37 ITR 271. 8. Upon thorough review of the findings and decision of the Commissioner of Income Tax (Appeals), we conclude that the Ld.CIT(A) meticulously analyzed the basis on which the Assessing Officer (AO) made the disallowance. The AO's decision to disallow 10% of the sundry creditors was primarily due to the lack of supporting documentation and the inab…

Income Tax Officer, Ward-1(3), Ludhiana vs. Shree Balaji Processors, Ludhiana

In the result, appeal of the Revenue is dismissed whereas, the 29

ITA 499/CHANDI/2023[2017-18]Status: DisposedITAT Chandigarh20 Aug 2024AY 2017-18

Bench: Shri A.D. Jain & Dr Krinwant Sahayआयकर अपील सं./ Ita No. 499/Chd/2023 "नधा"रण वष" / Assessment Year : 2017-18 The Ito, Vs. Shree Balaji Processors, बनाम Ward-1(3), Tajpur Road, Ludhiana Opp. Central Jail, Ludhiana 141010 "थायी लेखा सं./Pan No: Actfs8428B अपीलाथ"/ Appellant ""यथ"/ Repsondent & C.O. No. 09/Chd/2024 ( In आयकर अपील सं./ Ita No. 499/Chd/2023) "नधा"रण वष" / Assessment Year : 2017-18 Shree Balaji Processors, Vs. The Ito, बनाम Tajpur Road, Ward-1(3), Opp. Central Jail, Ludhiana Ludhiana 141010 "थायी लेखा सं./Pan No: Actfs8428B अपीलाथ"/ Appellant ""यथ"/ Repsondent ( Physical Hearing ) "नधा"रती क" ओर से/Assessee By : Shri Sudhir Sehgal, Advocate राज"व क" ओर से/ Revenue By : Smt. Kusum Bansal, Cit Dr सुनवाई क" तार"ख/Date Of Hearing : 26.06.2024 उदघोषणा क" तार"ख/Date Of Pronouncement : 20.08.2024

For Appellant: Shri Sudhir Sehgal, AdvocateFor Respondent: Smt. Kusum Bansal, CIT DR
Section 143(3)Section 145(3)Section 69A

…njectures or surmises and if it does anything of the sort, its findings, even though on questions of fact, will be liable to be set aside by the Court". xxxii). The Hon'ble Supreme Court also stated in the case of Umacharan Shaw 8t Bros. v. CIT (1959) [1959] 37 ITR 271 (SC) held that suspicion however strong, cannot take the place of evidence. xxxiii). The Hon'ble Supreme Court way back in the case of Lalchand Bhagat Ambica Ram v. CIT [1959] 37 ITR 288 (SC) held that assessment could not be based on background of suspicion and in absence of any evidence to support the same. The Hon'ble Court held: "The mere po…

Ram Kumar Gupta, Kolkata vs. ACIT, Cir. 43, Kolkata

In the result, the appeal of the assessee stands allowed

ITA 309/KOL/2024[2017-18]Status: DisposedITAT Kolkata09 Aug 2024AY 2017-18

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A. No.309/Kol/2024 Assessment Year: 2017-18 Ram Kumar Gupta…...…………….....……………………....………....Appellant 67/46, Posta Chowrasta, Kolkata -700007. [Pan: Adrpg8556B] Vs. Acit, Circle-43, Kolkata…...................................................…..…..... Respondent Appearances By: Shri Rajiva Kumar, Ar, Appeared On Behalf Of The Appellant. Shri Abhijit Kundu, Cit- Dr On Behalf Of P. P. Barman, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 30, 2024 Date Of Pronouncing The Order : August 09, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 07.12.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Agitated Against The Confirmation Of Addition Of Rs.1,10,46,000/- Made By The Assessing Officer On Account Of Cash Deposits In The Bank Account Of The Assessee During Demonetization Period. 3. The Brief Facts Of The Case Are That The Assessee Derives Income From Retail Trading In The Name Of M/S R. Kumar & Co. The Assessee Filed His Return Of Income On 28.07.2017 Declaring A Total Income Of Rs.8,19,420/-. The Return Was Selected For Scrutiny & Notices U/S

Section 250Section 44ASection 68

…l is invalid and unsustainable in law. Reliance, for this proposition, is placed on the orders in the cases of Dhirajlal Giridharilal Vs CIT (1954) 26 ITR 736 (SC); Lalchand Bhagat Ambica Ram Vs CIT (1959) 37 ITR 288 (SC); Umacharan Shaw & Bros Vs,.ClT (1959) 37 ITR 271 (SC); Omar Salay Mohamad Sait Vs CIT (1959) 37 ITR 151 (SC). I.T.A. No.309/Kol/2024 Assessment Year: 2017-18 Ram Kumar Gupta 1.20 In view of the facts of the case and the case laws discussed in the preceding paragraphs, it is submitted that the addition of the sale proceeds deposited in the bank account as undisclosed income is unjustified. Ther…

Pawan Gupta, Kota vs. ITO Ward 1(3) Kota, Kota

ITA 252/JPR/2024[2012-13]Status: DisposedITAT Jaipur07 Aug 2024AY 2012-13
For Appellant: Shri Rajendra Sisodia AdvFor Respondent: Shri Rajesh Kumar Meena, Addl. CIT-DR
Section 10(38)Section 143(3)Section 148Section 68Section 69C

…ischarged by adducing legal evidences, which would directly prove the fact of bogusness or establish circumstance unerringly and reasonably raising intference to that effect. The Hon'ble Supreme Court in the case of Umacharan Shaw & Bros. v. CIT (1959) [1959] 37 ITR 271 (SC) held that suspicion however strong, cannot take the place of evidence. In this connection reference may be made to the general view on the topic of Conveyance of immovable properties. The rates/sale prices are at variance with the circle rates fixed by the Registration authorities of the Government in most cases and the general impression is…

Madan Mohan Gupta, Kota vs. ITO Ward 1(3), Kota

ITA 246/JPR/2024[2012-13]Status: DisposedITAT Jaipur07 Aug 2024AY 2012-13
For Appellant: Shri Rajendra Sisodia AdvFor Respondent: Shri Rajesh Kumar Meena, Addl. CIT-DR
Section 10(38)Section 143(3)Section 148Section 68Section 69C

…ischarged by adducing legal evidences, which would directly prove the fact of bogusness or establish circumstance unerringly and reasonably raising intference to that effect. The Hon'ble Supreme Court in the case of Umacharan Shaw & Bros. v. CIT (1959) [1959] 37 ITR 271 (SC) held that suspicion however strong, cannot take the place of evidence. In this connection reference may be made to the general view on the topic of Conveyance of immovable properties. The rates/sale prices are at variance with the circle rates fixed by the Registration authorities of the Government in most cases and the general impression is…

Rajrajeshwari Gupta, Kota vs. ITO, Ward 1(1), Kota

In the result, the appeal of the assessee is allowed with no orders as to costs

ITA 245/JPR/2024[2012-13]Status: DisposedITAT Jaipur07 Aug 2024AY 2012-13

Bench: Hon’ble SHRI SANDEEP GOSAIN (Judicial Member)

For Appellant: Shri Rajendra Sisodia AdvFor Respondent: Shri Rajesh Kumar Meena, Addl. CIT-DR
Section 10(38)Section 143(3)Section 148Section 68Section 69C

…ischarged by adducing legal evidences, which would directly prove the fact of bogusness or establish circumstance unerringly and reasonably raising intference to that effect. The Hon'ble Supreme Court in the case of Umacharan Shaw & Bros. v. CIT (1959) [1959] 37 ITR 271 (SC) held that suspicion however strong, cannot take the place of evidence. In this connection reference may be made to the general view on the topic of Conveyance of immovable properties. The rates/sale prices are at variance with the circle rates fixed by the Registration authorities of the Government in most cases and the general impression is…

DCIT CC - 6(1), Mumbai vs. Shri Jayant Hiralal Shah, Pune

In the result, appeal of the Revenue is dismissed

ITA 3001/MUM/2024[2021-22]Status: DisposedITAT Mumbai07 Aug 2024AY 2021-22

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

Section 132Section 132(4)Section 143(2)Section 143(3)Section 271ASection 292Section 69C

…it with any kind of independent evidence linking such material with the assessee. As per the plethora of Court judgments discussed above, such an act is not permitted under the law. The Hon'ble Supreme Court in the case of Umacharan Shaw and Bros v CIT (1959) 37 ITR 271 held that suspicion, however strong, cannot take the place of evidence. Similarly, raising presumption itself does not amount to proof. Presumption, however strong, cannot take the place of evidence as held in the case of Pooja Bhatt 66 TTJ (Mum) 817 and in the case of D.M Kamani HUF 65 TTJ (Pat) 504 Interestingly, even the WhatsApp conversation o…

Gopalrao Shankarrao Nagras, Pune vs. ITO, Ward 2(1), Pune

In the result these appeals of the assessee stands ALLOWED

ITA 780/PUN/2024[2015-16]Status: DisposedITAT Pune05 Aug 2024AY 2015-16

Bench: Hon’Ble Shri G. D. Padmahshali & Shri Vinay Bhamore

For Appellant: Ms Deepa Khare [‘Ld. AR’]For Respondent: Mr Umesh Phade [‘Ld. DR’]
Section 144Section 147Section 250Section 253(1)(a)Section 69A

…n in these cases in our considered view were merely based upon the conjectures & guesswork, hence good reasons for reversing the actions of both the tax authorities in view of the decision of Hon’ble Apex Court rendered in ‘Umacharan Shaw Bros. Vs CIT’ [1959, 37 ITR 271 (SC)]. Respectfully following the same & without multiplying the authority on the issue of we set-aside the impugned orders and delete the additions. 7. In the result these appeals of the assessee stands ALLOWED. In terms of rule 34 of ITAT Rules, the order pronounced in the open court on this Monday, 05th August, 2024. -S/d- -S/d- VINAY BHAMOR…

Gopalrao Shankrrao Nagras, Pune vs. ITO, Ward 2(1), Pune

In the result these appeals of the assessee stands ALLOWED

ITA 775/PUN/2024[2016-17]Status: DisposedITAT Pune05 Aug 2024AY 2016-17

Bench: Hon’Ble Shri G. D. Padmahshali & Shri Vinay Bhamore

For Appellant: Ms Deepa Khare [‘Ld. AR’]For Respondent: Mr Umesh Phade [‘Ld. DR’]
Section 144Section 147Section 250Section 253(1)(a)Section 69A

…n in these cases in our considered view were merely based upon the conjectures & guesswork, hence good reasons for reversing the actions of both the tax authorities in view of the decision of Hon’ble Apex Court rendered in ‘Umacharan Shaw Bros. Vs CIT’ [1959, 37 ITR 271 (SC)]. Respectfully following the same & without multiplying the authority on the issue of we set-aside the impugned orders and delete the additions. 7. In the result these appeals of the assessee stands ALLOWED. In terms of rule 34 of ITAT Rules, the order pronounced in the open court on this Monday, 05th August, 2024. -S/d- -S/d- VINAY BHAMOR…

Vijay Kumar Jain, Delhi vs. Income Tax Officer, Civic Centre

In the result, the appeal of the assessee is allowed

ITA 1730/DEL/2024[2017-18]Status: DisposedITAT Delhi31 Jul 2024AY 2017-18

Bench: Pradip Kumar Kedia & Shri Sudhir Pareekvijay Kumar Jain Vs. Income Tax Officer Wz-34/1, Golden Park, Civic Centre Rampura, Delhi – 110 035 Minto Road, Delhi – 110 002 Pan No. Aafpj 6413 M (Appellant) (Respondent) Assessee By Shri S. K. Tulsiyan, Adv. Ms. Bhoomija Verma, Adv. & Shri Lakshya Budhiraja, C.A. Revenue By Shri Amit Katoch, Sr. D.R. Date Of Hearing: 18.07.2024 Date Of Pronouncement: 31.07.2024 Order Per Pradip Kumar Kedia, Am :

Section 115BSection 142(1)Section 143(2)Section 143(3)Section 250Section 68

…y Kumar Jain vs. ITO A.Y. 2017-18 9 additions made have resulted assessment of cash sales twice which is not permissible in law. 11. It is trite that suspicion, howsoever strong, cannot take the place of proof as held in Umacharan Shaw & Bros. vs. CIT (1959) 37 ITR 271 (SC). The Hon’ble Supreme Court in the case of Dhakeswari Cotton Mills Ltd v. Commissioner of Income Tax (1954) 26 ITR 775 (SC) has observed that powers given to the Revenue authority, howsoever, wide, do not entitle him to make the assessment on pure guess without reference to any evidence or material. The assessment cannot be framed only on bare…

M/S. Atri Developers, Ahmedabad vs. The Dy. Commissioner of Income Tax, Circle-3(3), Ahmedabad

Appeal is dismissed

ITA 2859/AHD/2016[2013-14]Status: DisposedITAT Ahmedabad23 Jul 2024AY 2013-14

Bench: Smt.Annapurna Gupta & Shri T.R. Senthil Kumarassessment Year : 2013-14 The Dcit, Cir.3(3) M/S.Atri Developers Ahmedabad. Vs 19, Ambalal House Mayur Park Society Satellite Road Ahmedabad. Pan : Aatfa 1086 D Assessment Year : 2013-14 M/S.Atri Developers The Dcit, Cir.3(3) 19, Ambalal House Vs Ahmedabad. Mayur Park Society Satellite Road Ahmedabad. Pan : Aatfa 1086 D

For Appellant: Shri Mohit Balani, ARFor Respondent: Shri Prateek Sharma, Sr.DR
Section 133ASection 250

…e laws and of the opinion that it is only presumption much less suspicious of the AO that the Appellant has received On-Money of Rs.5,00,000/- per flat. The Appellant has further relied upon the decision of the Apex Court in the case of Umacharan Shaw & Bros. 37 ITR 271 wherein it has been held that suspicious however strong cannot take place of evidence and adverse inference cannot be taken against the appellant merely on the basis of suspicious. The Appellant has further contended that even in the case of alleged receipt of On-Money what can be taxed is only the net profit and not the entire amount of alleged r…

The Dy. Commissioner of Income Tax Circle-3(3), Ahmedabad vs. M/S. Atri Developers, Ahmedabad

Appeal is dismissed

ITA 2855/AHD/2016[2013-14]Status: DisposedITAT Ahmedabad23 Jul 2024AY 2013-14

Bench: Smt.Annapurna Gupta & Shri T.R. Senthil Kumarassessment Year : 2013-14 The Dcit, Cir.3(3) M/S.Atri Developers Ahmedabad. Vs 19, Ambalal House Mayur Park Society Satellite Road Ahmedabad. Pan : Aatfa 1086 D Assessment Year : 2013-14 M/S.Atri Developers The Dcit, Cir.3(3) 19, Ambalal House Vs Ahmedabad. Mayur Park Society Satellite Road Ahmedabad. Pan : Aatfa 1086 D

For Appellant: Shri Mohit Balani, ARFor Respondent: Shri Prateek Sharma, Sr.DR
Section 133ASection 250

…e laws and of the opinion that it is only presumption much less suspicious of the AO that the Appellant has received On-Money of Rs.5,00,000/- per flat. The Appellant has further relied upon the decision of the Apex Court in the case of Umacharan Shaw & Bros. 37 ITR 271 wherein it has been held that suspicious however strong cannot take place of evidence and adverse inference cannot be taken against the appellant merely on the basis of suspicious. The Appellant has further contended that even in the case of alleged receipt of On-Money what can be taxed is only the net profit and not the entire amount of alleged r…

Ram Ratan Jangir, Amer vs. Income Tax Officer, Ward -7(2), Jaipur

In the result ground no. 1 raised by the

ITA 550/JPR/2024[2013-14]Status: DisposedITAT Jaipur22 Jul 2024AY 2013-14

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

For Appellant: Sh. Anoop Bhatiya, CAFor Respondent: Smt. Monisha Choudhary (Addl. CIT)
Section 143(3)Section 147Section 148

…presumptions and therefore as per the proviso to sec 147 the entire proceeding deserves to be held invalid and the subsequent order passed deserves to be quashed and the assessee prays accordingly. 10 Ram Ratan Jangir vs. ITO • Umacharan Shaw& Bros vs. CIT 37 ITR 271 (SC) : There are many surmises and conjectures, and the conclusion here is the result of suspicion which cannot take place of proof. • Dhiraj lal Girdharilal vs. CIT 26 ITR 736 (SC) : The mere existence of suspicion would not tantamount to evidence. Satisfaction should not be based on mere suspicion, conjecture or guess work. • CIT vs. Anupam Kapo…

Mohammed Ibrabim Mohideen, Kerala vs. Asst. Commissioner of Income Tax, Central Circle-2, Mangaluru

In the result, appeal of the assessee in ITA

ITA 486/BANG/2024[2018-19]Status: DisposedITAT Bangalore08 Jul 2024AY 2018-19

Bench: Shri Chandra Poojari & Shri Keshav Dubey

For Appellant: Smt. Sheetal Borkar, A.RFor Respondent: Shri D.K. Mishra, D.R
Section 153ASection 69B

…iraja Kameshwar Singh of Darbhanga (1933) 1 ITR 94 (PC) (iv) Lalchand Bhagat Ambica Ram vs. CIT (1959) 37 ITR 288 (SC) ITA Nos.463 to 466, 485 & 486/Bang/2024 Mohammed Ibrahim Mohideen, Kasargod, Kerala Page 26 of 62 (v) Umacharan Shaw & Bros vs. CIT (1959) 37 ITR 271 (SC) (vi) Omar Salay Mohamed Sait vs. CIT (1959) 37 ITR 151 (SC) 4.33 Further, the Hon’ble Delhi High Court in the case of CIT vs. Dinesh Jain (HUF), 352 ITR 629 after referring to the decision of the Hon’ble Supreme Court in the case of Lalchand Bhagat Ambica Ram vs. CIT (1959) 37 ITR 288 (SC) held that no addition can be made taking into accou…