What is Vasantlal & Co. v. CIT authority for?

The Income Tax Officer (ITO) can gather material for assessment through private enquiries but must disclose such material to the assessee and provide an opportunity to explain it to uphold the principles of natural justice. The ITO is not bound by strict rules of evidence and can use material collected privately, provided disclosure and explanation are afforded.

How many judgments cite Vasantlal & Co. v. CIT?

193 judgments on BharatTax cite Vasantlal & Co. v. CIT (45 ITR 206), spanning 2015 to 2026.

Which sections of the Income Tax Act does Vasantlal & Co. v. CIT come up under?

It is most often cited in judgments turning on Section 147, Section 148, Section 153C, Section 68, Section 143(3), Section 144B.

Vasantlal & Co. v. CIT (45 ITR 206)

Sri Prakash Bhajandas Talreja, Bengaluru vs. Deputy Commissioner of Income-Tax, Central Circle-1(3), Bengaluru

In the result, ITA Nos.1061, 1062, 1063, 1065 & 1066/Bang/2023 are partly allowed and ITA No

ITA 1061/BANG/2023[2014-15]Status: DisposedITAT Bangalore22 Mar 2024AY 2014-15

Bench: Shri Chandra Poojari & Smt. Beena Pillaiita Nos.1061 To 1066/Bang/2023 Assessment Years: 2014-15, 2015-16, 2016-17, 2016-17, 2017-18 & 2018-19 Sri Prakash Bhajandas Talreja No.402, 4Th Floor, Embassy Centre No.11, Crescent Road Dcit Bengaluru 560 001 Vs. Central Circle-1(3) Karnataka Bengaluru Pan No : Abkpt1011B Assessee Respondent Assessee By : Shri V. Srinivasan, A.R. Respondent By : Shri G. Manoj Kumar, D.R. Date Of Hearing : 01.02.2024 Date Of Pronouncement : 22.03.2024 O R D E R Per Chandra Poojari: The Appeals In Ita Nos.1061, 1062, 1063, 1065 & 1066/Bang/2023 Are Emanated From The Common Order Of Cit(A) Central Circle, Bengaluru For The Assessment Years 2014-15 To 2018-19 Dated 16.11.2023. Ita No.1064/Bang/2023 Is Emanated From The Order Of Cit(A) Dated 11.8.2023 For The Assessment Year 2016-17 With Regard To Levy Of Penalty U/S 271Aab Of The Income Tax Act, 1961 (In Short “The Act”). Since The Issue In All These Appeals Is Common In Nature, These Are Clubbed Together, Heard Together & Disposed Of By This Common Order For The Sake Of Convenience. 2. First, We Will Take Up Ita Nos.1061, 1062, 1063, 1065 & 1066/Bang/2023 For Adjudication. The Common Ground In All These Appeals Except Change In Figures, Which Reads As Under:

For Appellant: Shri V. Srinivasan, A.RFor Respondent: Shri G. Manoj Kumar, D.R

Section 153CSection 271ASection 69

…uch material. Page 33 of 121 ITA Nos.1061 to 1066/Bang/2023 Sri Prakash Bhajandas Talreja, Bangalore 9.30 He placed reliance on the judgement of the Hon'ble Supreme Court in the case of C. Vasantlal and Company v. CIT 1962 (2) TMI 7 - SUPREME COURT / [1962] 45 ITR 206 (SC} held as under: - "The Income-tax Office* is not bound by any technical rules of the law of evidence. It is open to him to collect materials to facilitate assessment even by private enquiry. But if he desires to use the material so collected, the assessee must be informed of the material and must be given an adequate opportunity of explaining…

Income Tax Officer, Ward-1(2), Jaipur vs. Mukesh Kumar Soni, Jaipur

In the result appeal of the revenue is dismissed and the cross

ITA 656/JPR/2023[2018-19]Status: DisposedITAT Jaipur04 Mar 2024AY 2018-19

Bench: Moving Towards The Facts Of The Case We Would Like To Mention

For Appellant: Sh. S. B. Natani (FCA)For Respondent: Sh. Arvind Kumar (CIT)

Section 143(1)Section 143(3)Section 144BSection 147Section 148A

…asi Judicial order made in violation of principles of natural justice is null and void 8. A K Kraipak Vs. Union of India AIR 1970 SC 150 The aim of natural justice is to secure justice and to prevent miscarriage of justice. 9. C Vasanntlal & Co. Vs CIT (1962) 45 ITR 206 10. Dhakeshwari Cotton Mills Ltd Vs CIT (1954) 26 ITR 775 (SC) The powers given to the Income-tax Officer under s. 23(3) of the Indian Income-tax Act, 1922, however wide, do not entitle him to base the assessment on pure guess without reference to any evidence or material.An assessment under : 9.23(3)of the Act cannot be made only on bare suspici…

Ram Dhan Yadav, Chomu Jaipur vs. Income Tax Officer, ITO 7(3), Jaipur

In the result, both the appeals of the assessee are allowed

ITA 369/JPR/2023[2008-09]Status: DisposedITAT Jaipur20 Feb 2024AY 2008-09

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri Rajesh Soni (C.A.)For Respondent: Shri Anoop Singh (Addl.CIT)

Section 143(3)Section 144Section 147Section 148Section 69B

…of the assessee. Further the group has categorically admitted to providing of accommodation entries of unsecured loans through various benami concerns.” The AO further relied upon the decision of Hon’ble Supreme Court in the case of C. Vasantlal& Co. Vs. CIT 45 ITR 206(SC) and Hon’ble Rajasthan High Court in case of Rameshwarlal Mali vs. CIT 256 ITR 536(Raj.) among others. In this regard, it was submitted by the assessee that if the entries and material are gathered behind the back of the assessee and if the AO proposes to act on such material as he might have gathered as a result of his private enquiries, he mu…

Ram Dhan Yadav, Chomu Jaipur vs. ITO, WD 7(3), Jaipur

In the result, both the appeals of the assessee are allowed

ITA 366/JPR/2023[2007-2008]Status: DisposedITAT Jaipur20 Feb 2024AY 2007-2008

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri Rajesh Soni (C.A.)For Respondent: Shri Anoop Singh (Addl.CIT)

Section 143(3)Section 144Section 147Section 148Section 69B

…of the assessee. Further the group has categorically admitted to providing of accommodation entries of unsecured loans through various benami concerns.” The AO further relied upon the decision of Hon’ble Supreme Court in the case of C. Vasantlal& Co. Vs. CIT 45 ITR 206(SC) and Hon’ble Rajasthan High Court in case of Rameshwarlal Mali vs. CIT 256 ITR 536(Raj.) among others. In this regard, it was submitted by the assessee that if the entries and material are gathered behind the back of the assessee and if the AO proposes to act on such material as he might have gathered as a result of his private enquiries, he mu…

Udayan Grover, Mumbai vs. National Faceless Appeal Centre(NFAC), Delhi

In the result, appeal filed by the assessee is allowed

ITA 2880/MUM/2023[2015-16]Status: DisposedITAT Mumbai07 Feb 2024AY 2015-16

Bench: Shri Aby T Varkey, Hon'Ble & Shri S. Rifaur Rahman, Hon'Bleudayan Grover V. National Faceless Appeal Centre Panch Mahal Delhi Panch Sristhi Complex {Acit – 26(3), Bkc, Mumbai} Powai, Mumbai - 400072 Pan: Aclpg0572G (Appellant) (Respondent) Assessee Represented By : Shri Vimal Punmiya Department Represented By : Ms. Kavitha Kaushik

Section 10(38)Section 131Section 133(6)Section 142(1)Section 143(2)Section 57Section 68

…ion Observation/ Held manager, upheld ITO's action—Whether tribunal justified—Held, on facts, no. 8. C Vasantlal & Co. vs. CIT It was open to an income tax officer to collect materials to facilitate assessment even by private enquiry. But if he desires [1962] 45 ITR 206 (SC) to use materials so collected, the assesse must be informed of the materials and must be given an adequate opportunity of explaining it. Suspicious cannot take place the evidence 1. DCIT v. Shri Rajeev G. Kalathil, (Mum) (Trib) (ITA No. 6727/M/2012 dt.20/8/2014 2. K.P. Varghese v. ITO, (1981) 131 ITR 579 (SC); 3. CIT v. Roman & Co., (1968) :…

ACIT, Central Circle-1(1), Hyderabad vs. Ncc Limited, Hyderabad

Accordingly, we delete the same. Thus, this ground is partly allowed

ITA 80/HYD/2017[2011-12]Status: DisposedITAT Hyderabad31 Jan 2024AY 2011-12

Bench: Shri R.K. Panda, Vice- & Shri Laliet Kumar

For Appellant: Shri Vijay Mehta, CA &For Respondent: Shri K. Madhusudan, CIT(DR)

Section 143(1)

…ry or material which is within his personal knowledge or such other material that may come into his possession subject only to the fetters placed by the principles of natural justice. The Supreme Court decision in the case of C. Vasantlal & Co. v. CIT: (1962] 45 ITR 206, or the A.P. High Court in the case of Yaggina Veeraraghavulu and Mavuleti Somaraju & Co v.CIT [1966] 62 ITR 528-535, among others underscore this point. As held in the case of Dhakesh wari Cotton Mills Ltd. v. CIT: (1954] 26 ITR 775, 785 (SC), the only fetter on the Assessing Officer acting on material that would otherwise be unacceptable to a co…

ACIT, Central Circle-1(1), Hyderabad vs. Ncc Limited, Hyderabad

Accordingly, we delete the same. Thus, this ground is partly allowed

ITA 79/HYD/2017[2010-11]Status: DisposedITAT Hyderabad31 Jan 2024AY 2010-11

Bench: Shri R.K. Panda, Vice- & Shri Laliet Kumar

For Appellant: Shri Vijay Mehta, CA &For Respondent: Shri K. Madhusudan, CIT(DR)

Section 143(1)

…ry or material which is within his personal knowledge or such other material that may come into his possession subject only to the fetters placed by the principles of natural justice. The Supreme Court decision in the case of C. Vasantlal & Co. v. CIT: (1962] 45 ITR 206, or the A.P. High Court in the case of Yaggina Veeraraghavulu and Mavuleti Somaraju & Co v.CIT [1966] 62 ITR 528-535, among others underscore this point. As held in the case of Dhakesh wari Cotton Mills Ltd. v. CIT: (1954] 26 ITR 775, 785 (SC), the only fetter on the Assessing Officer acting on material that would otherwise be unacceptable to a co…

ACIT, Central Circle-1(1), Hyderabad vs. Ncc Limited, Hyderabad

Accordingly, we delete the same. Thus, this ground is partly allowed

ITA 78/HYD/2017[2009-10]Status: DisposedITAT Hyderabad31 Jan 2024AY 2009-10

Bench: Shri R.K. Panda, Vice- & Shri Laliet Kumar

For Appellant: Shri Vijay Mehta, CA &For Respondent: Shri K. Madhusudan, CIT(DR)

Section 143(1)

…ry or material which is within his personal knowledge or such other material that may come into his possession subject only to the fetters placed by the principles of natural justice. The Supreme Court decision in the case of C. Vasantlal & Co. v. CIT: (1962] 45 ITR 206, or the A.P. High Court in the case of Yaggina Veeraraghavulu and Mavuleti Somaraju & Co v.CIT [1966] 62 ITR 528-535, among others underscore this point. As held in the case of Dhakesh wari Cotton Mills Ltd. v. CIT: (1954] 26 ITR 775, 785 (SC), the only fetter on the Assessing Officer acting on material that would otherwise be unacceptable to a co…

ACIT, Central Circle-1(1), Hyderabad vs. Ncc Limited, Hyderabad

Accordingly, we delete the same. Thus, this ground is partly allowed

ITA 77/HYD/2017[2008-09]Status: DisposedITAT Hyderabad31 Jan 2024AY 2008-09

Bench: Shri R.K. Panda, Vice- & Shri Laliet Kumar

For Appellant: Shri Vijay Mehta, CA &For Respondent: Shri K. Madhusudan, CIT(DR)

Section 143(1)

…ry or material which is within his personal knowledge or such other material that may come into his possession subject only to the fetters placed by the principles of natural justice. The Supreme Court decision in the case of C. Vasantlal & Co. v. CIT: (1962] 45 ITR 206, or the A.P. High Court in the case of Yaggina Veeraraghavulu and Mavuleti Somaraju & Co v.CIT [1966] 62 ITR 528-535, among others underscore this point. As held in the case of Dhakesh wari Cotton Mills Ltd. v. CIT: (1954] 26 ITR 775, 785 (SC), the only fetter on the Assessing Officer acting on material that would otherwise be unacceptable to a co…

Ncc Limited, Hyderabad vs. DCIT, Central Circle-1(1), Hyderabad

Accordingly, we delete the same. Thus, this ground is partly allowed

ITA 75/HYD/2017[2010-11]Status: DisposedITAT Hyderabad31 Jan 2024AY 2010-11

Bench: Shri R.K. Panda, Vice- & Shri Laliet Kumar

For Appellant: Shri Vijay Mehta, CA &For Respondent: Shri K. Madhusudan, CIT(DR)

Section 143(1)

…ry or material which is within his personal knowledge or such other material that may come into his possession subject only to the fetters placed by the principles of natural justice. The Supreme Court decision in the case of C. Vasantlal & Co. v. CIT: (1962] 45 ITR 206, or the A.P. High Court in the case of Yaggina Veeraraghavulu and Mavuleti Somaraju & Co v.CIT [1966] 62 ITR 528-535, among others underscore this point. As held in the case of Dhakesh wari Cotton Mills Ltd. v. CIT: (1954] 26 ITR 775, 785 (SC), the only fetter on the Assessing Officer acting on material that would otherwise be unacceptable to a co…

Ncc Limited, Hyderabad vs. DCIT, Central Circle-1(1), Hyderabad

Accordingly, we delete the same. Thus, this ground is partly allowed

ITA 74/HYD/2017[2009-10]Status: DisposedITAT Hyderabad31 Jan 2024AY 2009-10

Bench: Shri R.K. Panda, Vice- & Shri Laliet Kumar

For Appellant: Shri Vijay Mehta, CA &For Respondent: Shri K. Madhusudan, CIT(DR)

Section 143(1)

…ry or material which is within his personal knowledge or such other material that may come into his possession subject only to the fetters placed by the principles of natural justice. The Supreme Court decision in the case of C. Vasantlal & Co. v. CIT: (1962] 45 ITR 206, or the A.P. High Court in the case of Yaggina Veeraraghavulu and Mavuleti Somaraju & Co v.CIT [1966] 62 ITR 528-535, among others underscore this point. As held in the case of Dhakesh wari Cotton Mills Ltd. v. CIT: (1954] 26 ITR 775, 785 (SC), the only fetter on the Assessing Officer acting on material that would otherwise be unacceptable to a co…

Ncc Limited, Hyderabad vs. DCIT, Central Circle-1(1), Hyderabad

Accordingly, we delete the same. Thus, this ground is partly allowed

ITA 73/HYD/2017[2008-09]Status: DisposedITAT Hyderabad31 Jan 2024AY 2008-09

Bench: Shri R.K. Panda, Vice- & Shri Laliet Kumar

For Appellant: Shri Vijay Mehta, CA &For Respondent: Shri K. Madhusudan, CIT(DR)

Section 143(1)

…ry or material which is within his personal knowledge or such other material that may come into his possession subject only to the fetters placed by the principles of natural justice. The Supreme Court decision in the case of C. Vasantlal & Co. v. CIT: (1962] 45 ITR 206, or the A.P. High Court in the case of Yaggina Veeraraghavulu and Mavuleti Somaraju & Co v.CIT [1966] 62 ITR 528-535, among others underscore this point. As held in the case of Dhakesh wari Cotton Mills Ltd. v. CIT: (1954] 26 ITR 775, 785 (SC), the only fetter on the Assessing Officer acting on material that would otherwise be unacceptable to a co…