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“Section 159(6)”

Section References (mined)Section 159Section 159(6)7 judgments

The decision most relied on for Section 159(6) is CIT v. Orissa Corporation Pvt. Ltd. (159 ITR 78), cited in 897 judgments on BharatTax.

Leading authorities on Section 159(6)

CIT v. Orissa Corporation Pvt. Ltd.
159 ITR 78 · 1986 · Supreme Court
897
citing judgments

When an assessee provides the identity and address of a creditor or investor for a cash credit or share capital under Section 68, the burden shifts to the Department to establish lack of genuineness or creditworthiness, requiring it to conduct further inquiries; mere non-compliance by third parties to summons cannot be the sole basis for an adverse inference against the assessee.

Pandit Bros. v. CIT
26 ITR 159 · 1954 · High Court
48
citing judgments

Low profits alone, or minor defects such as the non-maintenance of a stock register, do not justify the rejection of regularly maintained books of account under Section 145, nor do they permit additions to income without proving specific errors.

Indian Oil Corporation v. Income Tax Officer
159 ITR 956 · 1986 · Supreme Court
44
citing judgments

For an addition to income or issuance of a reassessment notice under Section 148, there must be a valid 'reason to believe' that income has escaped assessment; mere suspicion cannot form the basis for such action, as 'reason to believe' is not the same as 'reason to suspect'.

Company vs. CIT 257 CTR 159 (Jhar) CIT vs. Naresh Kumar Aggarwal: 369 ITR 171 (AP) CIT v. Harjeev Aggarwal
288 CTR 579 · 2016 · High Court
33
citing judgments

A statement recorded during a search under section 132(4) cannot form the sole basis for assessment additions unless corroborated by incriminating material recovered during the search. Post-search inquiry statements are also not considered incriminating material.

65 23 DTR 171 (Del); DCIT v. Premsons 'B' Bench Mumbai BCA April
130 TTJ 159 · 2010 · ITAT
29
citing judgments

Additions to income cannot be made based solely on statements or confessions recorded at the time of a search, without corroborating evidence. Such confessions lack evidentiary value if not supported by other proof.

Judgments citing Section 159(6)