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“loose papers”

Search & SeizureSection 132Section 1322,159 judgments

The decision most relied on for loose papers is Society v. UOI (394 ITR 220), cited in 493 judgments on BharatTax.

Leading authorities on loose papers

Society v. UOI
394 ITR 220 · 2017 · Supreme Court
493
citing judgments

Uncorroborated loose papers or documents found during a search operation have no evidentiary value and cannot be the sole basis for determining undisclosed income. Additions based on such material require independent evidence to establish trustworthiness and a direct link to the assessee.

CBI v. V.C. Shukla
3 SCC 410 · 1998 · Supreme Court
442
citing judgments

Loose sheets of paper, excel sheets, or diaries, often referred to as 'dumb documents,' are wholly irrelevant as evidence and not admissible under Section 34 of the Evidence Act if they lack evidentiary value. Additions to income cannot be made solely based on such documents without corroborating, reliable, and admissible evidence supported by other circumstances.

CIT v. Nikunj Exim Enterprises Pvt. Ltd.
372 ITR 619 · 2015 · High Court
391
citing judgments

Transactions defying human probability cannot be applied to isolated purchases if sales are accepted as genuine, and purchases cannot be disallowed without considering the entire transaction and documentary evidence. Failure to produce parties in an assessment proceeding may not be fatal to the assessee.

DCIT v. Sunil Kumar Sharma
159 Taxmann.com 179 · 2024 · High Court
269
citing judgments

Loose sheets of paper containing jottings, not shown to be part of regularly maintained books of accounts, do not constitute incriminating material for initiating assessment under section 153C. The satisfaction note required for 153C proceedings must specify the assessment year to which the alleged incriminating material belongs.

Common Cause v. Union of India
77 Taxmann.com 245 · 2017 · Supreme Court
267
citing judgments

Additions under the Income Tax Act cannot be made solely based on entries in loose sheets, dumb documents, or mere sworn statements without independent, reliable, and cogent corroborating evidence. Uncorroborated loose papers are not admissible evidence on their own, even if the original context was criminal investigation.

CIT v. Girish Chaudhary
296 ITR 619 · 2008 · High Court
175
citing judgments

Additions to income cannot be made solely based on "dumb documents" or vague loose papers seized during a search that merely indicate rates without specific corroborative material linking them to the assessee's unaccounted transactions. The presumption under Section 292C may not apply to such documents.

Principal Commissioner Income Tax, Central-2 v. Umesh Ishrani
108 Taxmann.com 437 · 2019 · High Court
168
citing judgments

An addition to income cannot be made solely based on entries in loose papers found during a search without conducting any independent inquiry or verification from the alleged seller or developer. Reliance solely on digital records without corroborative evidence is insufficient for an addition.

CIT v. Maulikkumar K. Shah
307 ITR 137 · 2008 · High Court
166
citing judgments

Additions on account of on-money receipts cannot be justified solely based on loose papers or 'sauda-chithis' without evidence of actual payment or a clear indication of a completed transaction within those documents.

Judgments citing loose papers

Dy CIT, Circle -2(1), Gwalior vs. Sh. Saurabh Garg, Morena

The appeals stand dismissed

ITA 366/AGR/2017[2010-11]Status: DisposedITAT Agra22 Apr 2025AY 2010-11

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपीलसं./ Ita No.364/Agr/2017 (िनधा"रणवष" / Assessment Year:2008-09) & 2. आयकरअपीलसं./ Ita No.365/Agr/2017 (िनधा"रणवष" / Assessment Year:2009-10) & 3. आयकरअपीलसं./ Ita No.366/Agr/2017 (िनधा"रणवष" / Assessment Year:2010-11) बनाम/ Dcit, Circle-2(1), Shri Saurabh Garg Gwalior. Tilak Road, Jiwaji Ganj, Morena. Vs. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Acopg-5549-C (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Dr. Arun Kumar Yadav – Ld. Cit-Dr " थ"कीओरसे/Respondent By : Sh. Sanjay Kumar, Ca – Ld. Ar सुनवाईकीतारीख/Date Of Hearing : 19-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 22.04.2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeals By Revenue For Assessment Years (Ay) 2008-09 To 2010-11 Having Common Issues Arises Out Of Separate Orders Of First Appellate Authority. First, We Take Up Appeal For Ay 2008-09 Wherein The Grievance Of The Revenue Is – (I) Disallowance U/S 14A; (Ii) Profit Earned From Out Of Books Investments; (Iii) Unexplained Gifts Of Shares. The Impugned Order Has Been Passed By Learned Commissioner Of Income Tax (Appeals), Gwalior [Cit(A)] On 05-06-2017 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S 143(3) R.W.S. 153A

For Appellant: Dr. Arun Kumar Yadav – Ld. CIT-DRFor Respondent: Sh. Sanjay Kumar, CA – Ld. AR
Section 132Section 143(3)Section 14ASection 56

Therefore, no interference is required in the impugned order on this issue. 3. Profit earned from out of books investments 3.1 Upon perusal of loose papers, it was alleged by Ld. AO that the assessee earned income of Rs.7.90 Lacs & Rs.13.50 out of books on investment in properties. The assessee ... accordingly, these additions were deleted from the income of the assessee. On the issue of investment of Rs.707.50 Lacs which was based on loose papers, it was held by Ld. CIT(A) that there was no description of the land, name of seller and date of alleged transaction. The assessee

Dy CIT, Circle-2(1), Gwalior vs. Sh Saurabh Gagh, Morena

The appeals stand dismissed

ITA 365/AGR/2017[2009-10]Status: DisposedITAT Agra22 Apr 2025AY 2009-10

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपीलसं./ Ita No.364/Agr/2017 (िनधा"रणवष" / Assessment Year:2008-09) & 2. आयकरअपीलसं./ Ita No.365/Agr/2017 (िनधा"रणवष" / Assessment Year:2009-10) & 3. आयकरअपीलसं./ Ita No.366/Agr/2017 (िनधा"रणवष" / Assessment Year:2010-11) बनाम/ Dcit, Circle-2(1), Shri Saurabh Garg Gwalior. Tilak Road, Jiwaji Ganj, Morena. Vs. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Acopg-5549-C (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Dr. Arun Kumar Yadav – Ld. Cit-Dr " थ"कीओरसे/Respondent By : Sh. Sanjay Kumar, Ca – Ld. Ar सुनवाईकीतारीख/Date Of Hearing : 19-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 22.04.2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeals By Revenue For Assessment Years (Ay) 2008-09 To 2010-11 Having Common Issues Arises Out Of Separate Orders Of First Appellate Authority. First, We Take Up Appeal For Ay 2008-09 Wherein The Grievance Of The Revenue Is – (I) Disallowance U/S 14A; (Ii) Profit Earned From Out Of Books Investments; (Iii) Unexplained Gifts Of Shares. The Impugned Order Has Been Passed By Learned Commissioner Of Income Tax (Appeals), Gwalior [Cit(A)] On 05-06-2017 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S 143(3) R.W.S. 153A

For Appellant: Dr. Arun Kumar Yadav – Ld. CIT-DRFor Respondent: Sh. Sanjay Kumar, CA – Ld. AR
Section 132Section 143(3)Section 14ASection 56

Therefore, no interference is required in the impugned order on this issue. 3. Profit earned from out of books investments 3.1 Upon perusal of loose papers, it was alleged by Ld. AO that the assessee earned income of Rs.7.90 Lacs & Rs.13.50 out of books on investment in properties. The assessee ... accordingly, these additions were deleted from the income of the assessee. On the issue of investment of Rs.707.50 Lacs which was based on loose papers, it was held by Ld. CIT(A) that there was no description of the land, name of seller and date of alleged transaction. The assessee

Dy CIT, Circle -2(1), Gwalior vs. Sh Saurabh Garg, Morena

The appeals stand dismissed

ITA 364/AGR/2017[2008-09]Status: DisposedITAT Agra22 Apr 2025AY 2008-09

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपीलसं./ Ita No.364/Agr/2017 (िनधा"रणवष" / Assessment Year:2008-09) & 2. आयकरअपीलसं./ Ita No.365/Agr/2017 (िनधा"रणवष" / Assessment Year:2009-10) & 3. आयकरअपीलसं./ Ita No.366/Agr/2017 (िनधा"रणवष" / Assessment Year:2010-11) बनाम/ Dcit, Circle-2(1), Shri Saurabh Garg Gwalior. Tilak Road, Jiwaji Ganj, Morena. Vs. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Acopg-5549-C (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Dr. Arun Kumar Yadav – Ld. Cit-Dr " थ"कीओरसे/Respondent By : Sh. Sanjay Kumar, Ca – Ld. Ar सुनवाईकीतारीख/Date Of Hearing : 19-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 22.04.2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeals By Revenue For Assessment Years (Ay) 2008-09 To 2010-11 Having Common Issues Arises Out Of Separate Orders Of First Appellate Authority. First, We Take Up Appeal For Ay 2008-09 Wherein The Grievance Of The Revenue Is – (I) Disallowance U/S 14A; (Ii) Profit Earned From Out Of Books Investments; (Iii) Unexplained Gifts Of Shares. The Impugned Order Has Been Passed By Learned Commissioner Of Income Tax (Appeals), Gwalior [Cit(A)] On 05-06-2017 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S 143(3) R.W.S. 153A

For Appellant: Dr. Arun Kumar Yadav – Ld. CIT-DRFor Respondent: Sh. Sanjay Kumar, CA – Ld. AR
Section 132Section 143(3)Section 14ASection 56

Therefore, no interference is required in the impugned order on this issue. 3. Profit earned from out of books investments 3.1 Upon perusal of loose papers, it was alleged by Ld. AO that the assessee earned income of Rs.7.90 Lacs & Rs.13.50 out of books on investment in properties. The assessee ... accordingly, these additions were deleted from the income of the assessee. On the issue of investment of Rs.707.50 Lacs which was based on loose papers, it was held by Ld. CIT(A) that there was no description of the land, name of seller and date of alleged transaction. The assessee

DCIT Circle-2(1), Gwalior vs. Gdp Agro & Food, Gwalior

The appeal stands dismissed

ITA 346/AGR/2017[2012-13]Status: DisposedITAT Agra22 Apr 2025AY 2012-13

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No. 346/Agr/2017 (िनधा"रणवष" / Assessment Year:2012-13) Dcit, Circle 2(1), Gdp Agro & Food Products Pvt. Ltd. बनाम/ Gwalior. Ward No. 54, Gudagudi Ka Naka, Vs. Bajriya, Lashkar, Gwalior (Mp) "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaecg-1517-G (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Sh. Shailender Shrivastava – Ld. Sr. Dr " थ"कीओरसे/Respondent By : Sh. Deependra Mohan, Ca – Ld. Ar सुनवाईकीतारीख/Date Of Hearing : 19-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 22.04.2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appealby Revenue For Assessment Year (Ay) 2012-13 Arises Out Of An Order Passed By Learned Commissioner Of Income Tax (Appeals), Gwalior [Cit(A)] On 08-05-2017 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 143(3) Of The Act On 28-03-2015. Both Sides Made Vehement Arguments. Having Heard Rival Submissions & Upon Perusal Of Case Records, The Appeal Is Disposed-Off As Under. The Sole Grievance Of The Revenue Is Profit Addition On Unaccounted Purchases & Unexplained Stock-In-Trade. The Assessee Is Stated To Be Engaged In Processing & Trading Of Sesame Seeds. The Assessee Was Subjected To Survey U/S 133A On 15-01-2015 Which Form The Basis Of Assessment.

For Appellant: Sh. Shailender Shrivastava – Ld. Sr. DRFor Respondent: Sh. Deependra Mohan, CA – Ld. AR
Section 133ASection 143(3)

trading of sesame seeds. The assessee was subjected to survey u/s 133A on 15-01-2015 which form the basis of assessment. 2. The loose papers indicated unaccounted purchases for Rs.37.41 Crores. The Ld. AO estimated profit of Rs.8.65% on the same and made addition of Rs.323.61 Lacs

ACIT, Central Circle, Kota vs. Ajay Bakliwal, Kota

In the result, the appeal filed by the revenue stands dismissed in

ITA 1413/JPR/2024[2018-19]Status: DisposedITAT Jaipur11 Apr 2025AY 2018-19

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM आयकर अपील सं. / ITA No. 1413/JP/2024 निर्धारण वर्ष / Assessment Year : 2018-19 ACIT, Central Circle, Kota बनाम Vs. Ajay Bakliwal C 6 Vallabh Bari, Vallabh Bari, Kota स्थायी लेखा सं. / जीआईआर सं./PAN/GIR No.: ABZPB 7775 P अपीलार्थी / Appellant प्रत्यर्थी / Respondent निर्धारिती की ओर से / Assessee by : Sh. Rajendra Sisodia, Adv. राजस्व की ओर से / Revenue by : Mrs. Anita Rinesh, JCIT-DR सुनवाई की तारीख / Date of Hearin

For Appellant: Sh. Rajendra Sisodia, AdvFor Respondent: Mrs. Anita Rinesh, JCIT-DR
Section 132(1)Section 132(4)Section 143(3)

search party. During the assessment proceeding, the assessee was asked to submit details and explanation in this regard. Assessee has submitted his reply regarding loose papers found and seized during the search. When loose papers were cross checked some of the entries for an amount ... search action many incriminating documents were found and seized from the premise of assessee by the search party. Assessee has submitted his reply regarding loose papers found and seized during the search. When loosé papers were cross checked some of the entries as mentioned in loose papers are not recorded