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 366,005 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

Malbros International Pvt Ltd, Village Mansoorwal, Tehsil Zira Head Office, Old Cantt Road, Faridkot vs. DCIT, Central Circle-2, Ludhiana

The appeal of the assessee stand allowed whereas the revenue’s appeal stand dismissed accordingly

ITA 48/CHANDI/2025[2022-2023]Status: DisposedITAT Chandigarh13 Jan 2026AY 2022-2023

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकर अपील सं. / Ita No.48/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2022-23) M/S Malbros International Pvt. Ltd. Dcit बनाम/ Village Mansoorwal Central Circle-2 Tehsil Zira Head Office Ludhiana Vs. Old Cantt Road, Faridkot – 151203 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aadcm-7203-R (अपीलाथ"/Appellant) (""थ" / Respondent) : & 2. आयकर अपील सं. / Ita No.463/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2022-23) Dcit M/S Malbros International Pvt. Ltd. बनाम/ Central Circle-2 Village Mansoorwal Ludhiana Tehsil Zira Head Office Vs. Old Cantt Road, Faridkot – 151203 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aadcm-7203-R (अपीलाथ"/Appellant) (""थ" / Respondent) : & 3. आयकर अपील सं. / Ita No.49/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2022-23) M/S Om Sons Marketing Pvt. Ltd. Dcit बनाम/ Quila Chowk, Old Cantt Road, Centre Circle-2 Vs. Faridkot, Punjab-151203 Ludhiana "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaaco-8962-E (अपीलाथ"/Appellant) : (""थ" / Respondent) & 4. आयकर अपील सं. / Ita No.193/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2022-23)

For Appellant: Shri Sudhir Sehgal (Advocate) – Ld. ARFor Respondent: Sh. Abhishek Pal Garg (CIT) – Ld. DR (Virtual)
Section 143(3)Section 145(3)Section 251(2)Section 69C

…he had assumed such facts during this year also. Reference was made to the decision of Hon’ble Apex Court in the case of Dhakeshwari Cotton Mills Ltd. (26 ITR 775) holding the Ld. AO was not entitled to make guess work. In the case of Umacharan Shaw & Bros. (37 ITR 271), it was held that suspicion could not take the place of proof. The said decision was applied by Hon’ble Punjab & Haryana High Court in the case of Anupam Kapoor (166 Taxman 178). The impugned addition was merely on conjecture and surmises and without any findings of fact against the 15 assessee. In the case of Omay Salay Mohammed Sait (37 ITR 151…

Deputy Commissioner of Income Tax, Central Circle-2, Ludhiana vs. Malbros International Pvt Ltd, Tehsil Zira, Faridkot -151203, Ludhiana

The appeal of the assessee stand allowed whereas the revenue’s appeal stand dismissed accordingly

ITA 463/CHANDI/2025[2022-23]Status: DisposedITAT Chandigarh13 Jan 2026AY 2022-23

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकर अपील सं. / Ita No.48/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2022-23) M/S Malbros International Pvt. Ltd. Dcit बनाम/ Village Mansoorwal Central Circle-2 Tehsil Zira Head Office Ludhiana Vs. Old Cantt Road, Faridkot – 151203 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aadcm-7203-R (अपीलाथ"/Appellant) (""थ" / Respondent) : & 2. आयकर अपील सं. / Ita No.463/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2022-23) Dcit M/S Malbros International Pvt. Ltd. बनाम/ Central Circle-2 Village Mansoorwal Ludhiana Tehsil Zira Head Office Vs. Old Cantt Road, Faridkot – 151203 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aadcm-7203-R (अपीलाथ"/Appellant) (""थ" / Respondent) : & 3. आयकर अपील सं. / Ita No.49/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2022-23) M/S Om Sons Marketing Pvt. Ltd. Dcit बनाम/ Quila Chowk, Old Cantt Road, Centre Circle-2 Vs. Faridkot, Punjab-151203 Ludhiana "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaaco-8962-E (अपीलाथ"/Appellant) : (""थ" / Respondent) & 4. आयकर अपील सं. / Ita No.193/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2022-23)

For Appellant: Shri Sudhir Sehgal (Advocate) – Ld. ARFor Respondent: Sh. Abhishek Pal Garg (CIT) – Ld. DR (Virtual)
Section 143(3)Section 145(3)Section 251(2)Section 69C

…he had assumed such facts during this year also. Reference was made to the decision of Hon’ble Apex Court in the case of Dhakeshwari Cotton Mills Ltd. (26 ITR 775) holding the Ld. AO was not entitled to make guess work. In the case of Umacharan Shaw & Bros. (37 ITR 271), it was held that suspicion could not take the place of proof. The said decision was applied by Hon’ble Punjab & Haryana High Court in the case of Anupam Kapoor (166 Taxman 178). The impugned addition was merely on conjecture and surmises and without any findings of fact against the 15 assessee. In the case of Omay Salay Mohammed Sait (37 ITR 151…

Deputy Commissioner of Income Tax, Central Circle-2, Ludhiana vs. Om Sons Marketing Private Limited, Quila Chowk

The appeal of the assessee stand allowed whereas the revenue’s appeal stand dismissed accordingly

ITA 193/CHANDI/2025[2022-23]Status: DisposedITAT Chandigarh13 Jan 2026AY 2022-23

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकर अपील सं. / Ita No.48/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2022-23) M/S Malbros International Pvt. Ltd. Dcit बनाम/ Village Mansoorwal Central Circle-2 Tehsil Zira Head Office Ludhiana Vs. Old Cantt Road, Faridkot – 151203 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aadcm-7203-R (अपीलाथ"/Appellant) (""थ" / Respondent) : & 2. आयकर अपील सं. / Ita No.463/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2022-23) Dcit M/S Malbros International Pvt. Ltd. बनाम/ Central Circle-2 Village Mansoorwal Ludhiana Tehsil Zira Head Office Vs. Old Cantt Road, Faridkot – 151203 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aadcm-7203-R (अपीलाथ"/Appellant) (""थ" / Respondent) : & 3. आयकर अपील सं. / Ita No.49/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2022-23) M/S Om Sons Marketing Pvt. Ltd. Dcit बनाम/ Quila Chowk, Old Cantt Road, Centre Circle-2 Vs. Faridkot, Punjab-151203 Ludhiana "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaaco-8962-E (अपीलाथ"/Appellant) : (""थ" / Respondent) & 4. आयकर अपील सं. / Ita No.193/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2022-23)

For Appellant: Shri Sudhir Sehgal (Advocate) – Ld. ARFor Respondent: Sh. Abhishek Pal Garg (CIT) – Ld. DR (Virtual)
Section 143(3)Section 145(3)Section 251(2)Section 69C

…he had assumed such facts during this year also. Reference was made to the decision of Hon’ble Apex Court in the case of Dhakeshwari Cotton Mills Ltd. (26 ITR 775) holding the Ld. AO was not entitled to make guess work. In the case of Umacharan Shaw & Bros. (37 ITR 271), it was held that suspicion could not take the place of proof. The said decision was applied by Hon’ble Punjab & Haryana High Court in the case of Anupam Kapoor (166 Taxman 178). The impugned addition was merely on conjecture and surmises and without any findings of fact against the 15 assessee. In the case of Omay Salay Mohammed Sait (37 ITR 151…

Deputy Commissioner of Income Tax, Central Circle-1(4), Ahmedabad vs. S K Z Developers LLP, Ahmedabad

Accordingly, allowed, whereas, the appeal of the revenue for the year under consideration is hereby dismissed

ITA 1729/AHD/2024[2022-23]Status: DisposedITAT Ahmedabad09 Jan 2026AY 2022-23

Bench: Shri Sanjay Garg & Annapurna Gupta

For Appellant: Shri Vartik Chokshi, ARFor Respondent: Shri Alpesh Parmar, CIT-DR
Section 132Section 23(5)

…t of regular records and could have very well been verified by the AO and CIT(A). Accordingly, we have no hesitation in deleting the addition made in respect of Fort Royal Projects for AY 2007-08.” 10.5. In the case of “Umacharan Shaw & Bros. vs. CIT” [1959] 37 ITR 271, the Hon’ble Supreme court has held that suspicion, however strong, cannot take place of evidence. 10.6. The facts in the hands clearly suggest that both the lower authorities have proceeded on the basis of their own assumptions and presumptions to assume the receipt of ‘on-money’ by the assessee on sale of units without any corroborative evidenc…

Deputy Commissioner of Income Tax, Central Circle-1(4), Ahmedabad vs. S K Z Developers LLP, Ahmedabad

Accordingly, allowed, whereas, the appeal of the revenue for the year under consideration is hereby dismissed

ITA 1728/AHD/2024[2021-22]Status: DisposedITAT Ahmedabad09 Jan 2026AY 2021-22

Bench: Shri Sanjay Garg & Annapurna Gupta

For Appellant: Shri Vartik Chokshi, ARFor Respondent: Shri Alpesh Parmar, CIT-DR
Section 132Section 23(5)

…t of regular records and could have very well been verified by the AO and CIT(A). Accordingly, we have no hesitation in deleting the addition made in respect of Fort Royal Projects for AY 2007-08.” 10.5. In the case of “Umacharan Shaw & Bros. vs. CIT” [1959] 37 ITR 271, the Hon’ble Supreme court has held that suspicion, however strong, cannot take place of evidence. 10.6. The facts in the hands clearly suggest that both the lower authorities have proceeded on the basis of their own assumptions and presumptions to assume the receipt of ‘on-money’ by the assessee on sale of units without any corroborative evidenc…

Skz Developers LLP, Ahmedabad vs. The DCIT, Cent. Circle-1(4), Ahmedabad

Accordingly, allowed, whereas, the appeal of the revenue for the year under consideration is hereby dismissed

ITA 1678/AHD/2024[2022-23]Status: DisposedITAT Ahmedabad09 Jan 2026AY 2022-23

Bench: Shri Sanjay Garg & Annapurna Gupta

For Appellant: Shri Vartik Chokshi, ARFor Respondent: Shri Alpesh Parmar, CIT-DR
Section 132Section 23(5)

…t of regular records and could have very well been verified by the AO and CIT(A). Accordingly, we have no hesitation in deleting the addition made in respect of Fort Royal Projects for AY 2007-08.” 10.5. In the case of “Umacharan Shaw & Bros. vs. CIT” [1959] 37 ITR 271, the Hon’ble Supreme court has held that suspicion, however strong, cannot take place of evidence. 10.6. The facts in the hands clearly suggest that both the lower authorities have proceeded on the basis of their own assumptions and presumptions to assume the receipt of ‘on-money’ by the assessee on sale of units without any corroborative evidenc…

Skz Developers LLP, Ahmedabad vs. The ACIT, Cent. Circle-1(4), Ahmedabad

Accordingly, allowed, whereas, the appeal of the revenue for the year under consideration is hereby dismissed

ITA 1677/AHD/2024[2021-22]Status: DisposedITAT Ahmedabad09 Jan 2026AY 2021-22

Bench: Shri Sanjay Garg & Annapurna Gupta

For Appellant: Shri Vartik Chokshi, ARFor Respondent: Shri Alpesh Parmar, CIT-DR
Section 132Section 23(5)

…t of regular records and could have very well been verified by the AO and CIT(A). Accordingly, we have no hesitation in deleting the addition made in respect of Fort Royal Projects for AY 2007-08.” 10.5. In the case of “Umacharan Shaw & Bros. vs. CIT” [1959] 37 ITR 271, the Hon’ble Supreme court has held that suspicion, however strong, cannot take place of evidence. 10.6. The facts in the hands clearly suggest that both the lower authorities have proceeded on the basis of their own assumptions and presumptions to assume the receipt of ‘on-money’ by the assessee on sale of units without any corroborative evidenc…

Westcourt Hospitality Pvt Ltd, New Delhi vs. DCIT, Circle-25(1), Delhi

In the result appeal of the assessee is allowed

ITA 3351/DEL/2025[2018-19]Status: DisposedITAT Delhi30 Dec 2025AY 2018-19

Bench: Shri Sudhir Kumar & Shri Manish Agarwal[Assessment Year: 2018-19] Acit, Circle 25(1), Room Vs M/S. Westcourt Hospitality No. 192A, Cr Building, Pvt. Ltd. Ip Estate New-Delhi. 4391, B-5 & 6, Vasant Kunj, 110002 New Delhi-110070. Pan-Aaacw8734G Appellant Respondent [Assessment Year: 2018-19] M/S. Westcourt Hospitality Vs Acit, Circle 25(1),Room Pvt. Ltd. No. 192A, Cr Building, Ip 4391, B-5 & 6, Vasant Estate New-Delhi. 110002 Kunj, New Delhi-110070. Pan-Aaacw8734G Appellant Respondent

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

…1) of the Act. It is settled law that no addition can be made on the basis of surmises, suspicion and conjectures. Reliance for this proposition is placed on the judgement of hon’ble Supreme court in the case of Uma Charan Shaw & Bros. Co. Vs. CIT reported in 37 ITR 271 (SC). 34. Since the revenue has filed to controvert the claim of the assessee that these expenditures were incurred in the day-to-day business activity and is wholly and exclusively for the purpose of the business. 35. Thus, in our considered view and by respectfully following the judgements of hon’ble Apex court as stated supra, the expenditure…

Assistant Commissioner of Income Tax, Circle-25(1), New Delhi vs. Westcourt Hospitality Private Limited, New Delhi

In the result appeal of the assessee is allowed

ITA 3294/DEL/2025[2018-19]Status: DisposedITAT Delhi30 Dec 2025AY 2018-19

Bench: Shri Sudhir Kumar & Shri Manish Agarwal[Assessment Year: 2018-19] Acit, Circle 25(1), Room Vs M/S. Westcourt Hospitality No. 192A, Cr Building, Pvt. Ltd. Ip Estate New-Delhi. 4391, B-5 & 6, Vasant Kunj, 110002 New Delhi-110070. Pan-Aaacw8734G Appellant Respondent [Assessment Year: 2018-19] M/S. Westcourt Hospitality Vs Acit, Circle 25(1),Room Pvt. Ltd. No. 192A, Cr Building, Ip 4391, B-5 & 6, Vasant Estate New-Delhi. 110002 Kunj, New Delhi-110070. Pan-Aaacw8734G Appellant Respondent

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

…1) of the Act. It is settled law that no addition can be made on the basis of surmises, suspicion and conjectures. Reliance for this proposition is placed on the judgement of hon’ble Supreme court in the case of Uma Charan Shaw & Bros. Co. Vs. CIT reported in 37 ITR 271 (SC). 34. Since the revenue has filed to controvert the claim of the assessee that these expenditures were incurred in the day-to-day business activity and is wholly and exclusively for the purpose of the business. 35. Thus, in our considered view and by respectfully following the judgements of hon’ble Apex court as stated supra, the expenditure…

ACIT Central Circle 1(4) Mumbai, Mumbai vs. Kalyanee Fortune Constructions, Mumbai

In the result, all the above appeals in ITA Nos

ITA 5779/MUM/2024[2019-20]Status: DisposedITAT Mumbai23 Dec 2025AY 2019-20

Bench: Shri Narender Kumar Choudhry & Shri Prabhash Shankar

For Appellant: Shri Neelkanth Khandelwal, ARFor Respondent: Ms. Kavitha Kaushik, (Sr. DR)
Section 131Section 132(1)Section 133ASection 143(3)

…f facts which could not reasonably be entertained or finding was perverse which could not be sustained and therefore Supreme Court was entitled to interfere with such finding and the addition made was liable to be deleted. Umacharan Shaw & Bros. v. CIT [1959] 37 ITR 271 (SC) "Taking into consideration the entire circumstances of the case, we are satisfied that there was no material on which the Income-tax Officer could come to the conclusion that the firm was not genuine. There are many surmises and conjectures, and the conclusion is the result of suspicion which cannot take the place of proof in these matters. O…

Assistant Commissioner of Income Tax Central Circle 1(4), Mumbai vs. Kalyanee Fortune Constructions, Mumbai

In the result, all the above appeals in ITA Nos

ITA 4448/MUM/2024[2017-18]Status: DisposedITAT Mumbai23 Dec 2025AY 2017-18

Bench: Shri Narender Kumar Choudhry & Shri Prabhash Shankar

For Appellant: Revenue byFor Respondent: Date of Hearing
Section 131Section 132(1)Section 133ASection 143(3)

…f facts which could not reasonably be entertained or finding was perverse which could not be sustained and therefore Supreme Court was entitled to interfere with such finding and the addition made was liable to be deleted. Umacharan Shaw & Bros. v. CIT [1959] 37 ITR 271 (SC) "Taking into consideration the entire circumstances of the case, we are satisfied that there was no material on which the Income-tax Officer could come to the conclusion that the firm was not genuine. There are many surmises and conjectures, and the conclusion is the result of suspicion which cannot take the place of proof in these matters. O…

Assistant Commissioner of Income Tax, Mumbai vs. Kalyanee Fortune Constructions, Mumbai

In the result, all the above appeals in ITA Nos

ITA 4445/MUM/2024[2018-19]Status: DisposedITAT Mumbai23 Dec 2025AY 2018-19

Bench: Shri Narender Kumar Choudhry & Shri Prabhash Shankar

For Appellant: Shri Neelkanth Khandelwal, ARFor Respondent: Ms. Kavitha Kaushik, (Sr. DR)
Section 131Section 132(1)Section 133ASection 143(3)

…f facts which could not reasonably be entertained or finding was perverse which could not be sustained and therefore Supreme Court was entitled to interfere with such finding and the addition made was liable to be deleted. Umacharan Shaw & Bros. v. CIT [1959] 37 ITR 271 (SC) "Taking into consideration the entire circumstances of the case, we are satisfied that there was no material on which the Income-tax Officer could come to the conclusion that the firm was not genuine. There are many surmises and conjectures, and the conclusion is the result of suspicion which cannot take the place of proof in these matters. O…

Assistant Commissioner of Income Tax Central Circle 1 4 Mumbai, Mumbai vs. Ms. Kalyanee Fortune Constructions, Mumbai

In the result, all the above appeals in ITA Nos

ITA 4444/MUM/2024[2020-21]Status: DisposedITAT Mumbai23 Dec 2025AY 2020-21

Bench: Shri Narender Kumar Choudhry & Shri Prabhash Shankar

For Appellant: Shri Neelkanth Khandelwal, ARFor Respondent: Ms. Kavitha Kaushik, (Sr. DR)
Section 131Section 132(1)Section 133ASection 143(3)

…of facts which could not reasonably be entertained for finding was perverse. Hence, could not be sustained and therefore Supreme Court ordered to interfere with such finding and the addition made was liable to be deleted. "Umacharan Shaw & Bros. v. CIT [1959] 37 ITR 271 (SC) "....On no account whatever should the Tribunal base its findings on suspicions, conjectures or surmises nor should it act on no evidence at all or on improper rejection of material and relevant evidence or partly on evidence and partly on suspicions, conjectures or surmises and if it does anything of the sort, its findings, even though on qu…

Deputy Commissioner of Income Tax, Mumbai vs. Welspun Enterprises Limited, Mumbai

In the result, appeal of the Revenue is dismissed

ITA 3625/MUM/2024[2013-14]Status: DisposedITAT Mumbai23 Dec 2025AY 2013-14

Bench: Shri Justice (Retd.) C. V. Bhadang & Shri Prabhash Shankar

For Appellant: Shri Harsh Kapadia & Ajay Nagpal, ARsFor Respondent: Shri Arun Kanti Datta, (CIT-DR)
Section 115JSection 132Section 143(3)Section 153A

…te the contentions of the assessee. In this regard he placed reliance on certain judicial decisions i.e. Smt. K.V Lakshmi Savitri Devi v ACIT [2013] 30 taxmann.com 117 (Hyd - Trib.),the Hon'ble Supreme Court in the case of Umacharan Shaw and Bros v CIT (1959) 37 ITR 271,Pooja Bhatt 66 TTJ (Mum) 817 and in the case of D.M Kamani HUF 65 TTJ (Pat) 504wherein it was held that suspicion however strong cannot take the place of evidence. Similarly, raising presumption itself does not amount to proof. Thus, the action of the AO in making the disallowance of expenses of Rs.2,24,93,043/- was not sustained and the addition…

Dy. Commissioner of Income Tax, Noida vs. M/S. Ace Infracity Developers Pvrivate Ltd, Noida

In the result, appeal of the Revenue is dismissed

ITA 4104/DEL/2025[2022-23]Status: DisposedITAT Delhi28 Nov 2025AY 2022-23

Bench: Shri Anubhav Sharma & Shri Manish Agarwal[Assessment Year 2022-23] Dcit Vs M/S. Ace Infracity Developers Pvt. Central Circle-1, Ltd., Plot No. Ib, Gautam Budh A.R.T.O Complex, Nagar-201301 Sector-33, Noida-201301. Pan-Aakca8693E Appellant Respondent

Section 132Section 139(1)Section 143(2)Section 143(3)Section 37Section 37(1)Section 68Section 69A

…cheques/RTGS in favour of the Assessee. Therefore, Appellant has duly discharged the burden casted upon it u/s 68 of the Act. 41. It is trite law 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…

Dy. Commissioner of Income Tax, Noida vs. M/S Ace Mega Structure Private Limited, Noida

In the result, appeal of the assessee is allowed

ITA 4115/DEL/2025[2019-20]Status: DisposedITAT Delhi27 Nov 2025AY 2019-20

Bench: Shri Anubhav Sharma & Shri Manish Agarwalsl. Ita No(S) Asst. Appeal(S) By No Year(S) Appellant Vs. Respondent Appellant Respondent 1. 4067/Del/2025 2019-20 M/S. Ace Mega Dcit/Acit Structures Pvt. Ltd., Central Circle I-B, 7Th Floor, Ace Studio, Noida Sector-126, Noida, Sector- 37, S.O. Gautam Budh Nagar-201303 Pan-Aakca8694D M/S. Ace Mega 2. 4115/Del/2025 2019-20 Dcit, Structures Pvt. Ltd. Central Circle-1, A.R.T.O Complex, Sector-33, I-B, 7Th Floor, Ace Studio, Noida-201301. Sector-126, Noida, Sector- 37, S.O. Gautam Budh Nagar-201303 Pan-Aakca8694D Appellant By Shri Rohit Kapoor, Adv. & Shri Virsain Aggarwal, Itp Respondent By Shri Mahesh Kumar, Cit Dr Date Of Hearing 17.09.2025 Date Of Pronouncement 27.11.2025

Section 147Section 68

…heques/RTGS in favour of the Assessee. Therefore, Appellant has duly discharged the burden casted upon it u/s 68 of the Act. 41. It is trite law 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…

Dy. Commissioner of Income Tax, Noida vs. M/S Bright Buildtech Private Limited, Delhi

In the result, appeal of the Revenue is dismissed

ITA 4106/DEL/2025[2021-22]Status: DisposedITAT Delhi27 Nov 2025AY 2021-22

Bench: Shri Anubhav Sharma & Shri Manish Agarwal[Assessment Year 2021-22] Dcit Vs M/S. Bright Buildtech Pvt.Ltd., Central Circle -1, D-35, Anand Vihar & Vihar, A.R.T.O Complex, Sector-33, Anand Vihar, S.O-East Delhi, Noida-201301. Delhi-110092 Pan-Aaccb7981J Appellant Respondent

Section 132Section 139(1)Section 143(2)Section 143(3)Section 250Section 68

…ITA No.4106/Del/2025 INCOME TAX APPELLATE TRIBUNAL DELHI “G” BENCH: NEW DELHI BEFORE SHRI ANUBHAV SHARMA, JUDICIAL MEMBER & SHRI MANISH AGARWAL, ACCOUNTANT MEMBER [Assessment Year 2021-22] DCIT vs M/s. Bright Buildtech Pvt.Ltd., Central Circle -1, D-35, Anand Vihar and Vihar, A.R.T.O Complex, Sector-33, Anand Vihar, S.O-East Delhi, Noida-201301. Delhi-110092 PAN-AACCB7981J APPELLANT RESPONDENT Revenue by Shri Mahesh Kumar, CIT DR Assessee by Shri Rohit Kapoor, Adv. & Shri Virsain Aggarwal, ITP Date of Hearing 17.09.2025 Date of 27.11.2025 Pronouncement ORDER PER MANISH AGARWAL, AM: The captioned appeal is fil…

Ace Mega Structures Private Limited, Uttar Pradesh vs. DCIT/ACIT Cen Cir, Noida

In the result, appeal of the assessee is allowed

ITA 4067/DEL/2025[2019-20]Status: DisposedITAT Delhi27 Nov 2025AY 2019-20

Bench: Shri Anubhav Sharma & Shri Manish Agarwalsl. Ita No(S) Asst. Appeal(S) By No Year(S) Appellant Vs. Respondent Appellant Respondent 1. 4067/Del/2025 2019-20 M/S. Ace Mega Dcit/Acit Structures Pvt. Ltd., Central Circle I-B, 7Th Floor, Ace Studio, Noida Sector-126, Noida, Sector- 37, S.O. Gautam Budh Nagar-201303 Pan-Aakca8694D M/S. Ace Mega 2. 4115/Del/2025 2019-20 Dcit, Structures Pvt. Ltd. Central Circle-1, A.R.T.O Complex, Sector-33, I-B, 7Th Floor, Ace Studio, Noida-201301. Sector-126, Noida, Sector- 37, S.O. Gautam Budh Nagar-201303 Pan-Aakca8694D Appellant By Shri Rohit Kapoor, Adv. & Shri Virsain Aggarwal, Itp Respondent By Shri Mahesh Kumar, Cit Dr Date Of Hearing 17.09.2025 Date Of Pronouncement 27.11.2025

Section 147Section 68

…heques/RTGS in favour of the Assessee. Therefore, Appellant has duly discharged the burden casted upon it u/s 68 of the Act. 41. It is trite law 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…

Dy. Commissioner of Income Tax, Noida vs. Star Landcraft Private Limited, Ghaziabad

In the result, appeal of the Revenue in ITA No

ITA 4117/DEL/2025[2022-23]Status: DisposedITAT Delhi26 Nov 2025AY 2022-23

Bench: Shri Anubhav Sharma & Shri Manish Agarwal

Section 132Section 139(1)Section 143(2)Section 148Section 37Section 41Section 68Section 69Section 69ASection 69C

…heques/RTGS in favour of the Assessee. Therefore, Appellant has duly discharged the burden casted upon it u/s 68 of the Act. 41. It is trite law 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…

Dy. Commissioner of Income Tax, Noida vs. Star Landcraft Private Limited, Ghaziabad

In the result, appeal of the Revenue in ITA No

ITA 4116/DEL/2025[2020-21]Status: DisposedITAT Delhi26 Nov 2025AY 2020-21

Bench: Shri Anubhav Sharma & Shri Manish Agarwal

Section 132Section 139(1)Section 143(2)Section 148Section 37Section 41Section 68Section 69Section 69ASection 69C

…heques/RTGS in favour of the Assessee. Therefore, Appellant has duly discharged the burden casted upon it u/s 68 of the Act. 41. It is trite law 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…