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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

Shree Krishna Builders, Raipur vs. Principal Commissioner of Income Tax, Raipur-1, Raipur

In the result appeal of the assessee M/s Shree Krishna Colonisers in ITA

ITA 96/RPR/2022[2017-18]Status: DisposedITAT Raipur14 Dec 2023AY 2017-18

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am (Ita No. 95/Rpr/2022) (Assessment Year: 2017-18) Shree Krishna Colonisers V Principal Commissioner Of Income Tax- 0, Nemichand Gali, Ganj Para Ward S Pcit, Raipur-I No.5, Ram Sagar Para, Raipur, 492001, Chhattisgarh Pan: Abffs7335G (Ita No. 96/Rpr/2022) (Assessment Year: 2017-18) Shree Krishna Builders Principal Commissioner Of Income Tax- 5/425, Nemichand Gali, Ramsagar Para Pcit, Raipur-I Ward, Raipur, Chhattisgarh Pan: Aacft1716A (अपीलाथ"/Appellant) . (""यथ" / Respondent) . िनधा"रती क" ओर से /Assessee By : Shri R. B. Doshi, Ca राज"व क" ओर से /Revenue By : Smt. Ila M. Parmar, Cit-Dr सुनवाई क" तार"ख/ Date Of Hearing : 09.10.2023 घोषणा क" तार"ख/Date Of : 14.12.2023 Pronouncement आदेश / O R D E R Per Arun Khodpia, Am:

For Appellant: Shri R. B. Doshi, CAFor Respondent: Smt. Ila M. Parmar, CIT-DR
Section 133Section 133ASection 142ASection 143(3)Section 153Section 263Section 69C

hands of M/s Krishan Colonisers. Subsequently, the assessee has retracted from the above statement and has submitted that the entries found in the loose papers have been entered in the respective books of account and submitted that the ledger account in respect of entries made. The retraction of the assessee

Shree Krishna Colonisers, Raipur vs. Principle Commissioner of Income Tax, Raipur-1, Raipur

In the result appeal of the assessee M/s Shree Krishna Colonisers in ITA

ITA 95/RPR/2022[2017-18]Status: DisposedITAT Raipur14 Dec 2023AY 2017-18

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am (Ita No. 95/Rpr/2022) (Assessment Year: 2017-18) Shree Krishna Colonisers V Principal Commissioner Of Income Tax- 0, Nemichand Gali, Ganj Para Ward S Pcit, Raipur-I No.5, Ram Sagar Para, Raipur, 492001, Chhattisgarh Pan: Abffs7335G (Ita No. 96/Rpr/2022) (Assessment Year: 2017-18) Shree Krishna Builders Principal Commissioner Of Income Tax- 5/425, Nemichand Gali, Ramsagar Para Pcit, Raipur-I Ward, Raipur, Chhattisgarh Pan: Aacft1716A (अपीलाथ"/Appellant) . (""यथ" / Respondent) . िनधा"रती क" ओर से /Assessee By : Shri R. B. Doshi, Ca राज"व क" ओर से /Revenue By : Smt. Ila M. Parmar, Cit-Dr सुनवाई क" तार"ख/ Date Of Hearing : 09.10.2023 घोषणा क" तार"ख/Date Of : 14.12.2023 Pronouncement आदेश / O R D E R Per Arun Khodpia, Am:

For Appellant: Shri R. B. Doshi, CAFor Respondent: Smt. Ila M. Parmar, CIT-DR
Section 133Section 133ASection 142ASection 143(3)Section 153Section 263Section 69C

hands of M/s Krishan Colonisers. Subsequently, the assessee has retracted from the above statement and has submitted that the entries found in the loose papers have been entered in the respective books of account and submitted that the ledger account in respect of entries made. The retraction of the assessee

DCIT Central Circle-20, Delhi vs. Bhagwati Developers Pvt. Ltd., Kolkata

The appeals of the Revenue are dismissed and the appeal of the assessee stands allowed

ITA 1255/DEL/2022[2016-17]Status: DisposedITAT Delhi07 Dec 2023AY 2016-17

Bench: Dr. Brr Kumar & Shri Anubhav Sharmaassessment Year: 2016-17 Peerless Consultancy Services Vs Acit, Pvt. Ltd., Kolkata, Central Circle-16, C/O Rc Rai & Associates, New Delhi. 203, 2Nd Floor, Akash Deep Building, 26A, Barakhamba Road, New Delhi. Pan: Aacct0544M Assessment Year: 2016-17 Acit, Peerless Consultancy Services Central Circle-16, Pvt. Ltd., Kolkata, New Delhi. C/O Rc Rai & Associates, 203, 2Nd Floor, Akash Deep Building, 26A, Barakhamba Road, New Delhi. Pan: Aacct0544M Assessment Year : 2016-17 Acit, Gajanand Development Ltd. Central Circle-16, Kolkata, New Delhi C/O Rc Rai & Associates, 203, 2Nd Floor, Akash Deep Building, 26A, Barakhamba Road, New Delhi. Pan: Aabcg0151G

For Appellant: Shri R.C. Rai, Advocate &For Respondent: Shri Waseem Arshad, CIT, DR
Section 132Section 153ASection 271ASection 69A

bullion, jewellery or other valuable article or thing belong or belongs to such person; B. The Tribunal has reasoned that the seized papers are loose papers and not books of accounts. We are unable to appreciate the significance or sequitur of the statement made by the Tribunal ... proper books of accounts so that they can be relied upon for the purpose of making additions. They could be in any form, including loose papers on which notings or scribblings have been made. While commenting on the seized documents, the Tribunal contradicted itself by first observing that it cannot

ACIT Central Circle-16, New Delhi vs. Vijaya Finance Corporation Ltd, Kolkata

The appeals of the Revenue are dismissed and the appeal of the assessee stands allowed

ITA 9869/DEL/2019[2016-17]Status: DisposedITAT Delhi07 Dec 2023AY 2016-17

Bench: Dr. Brr Kumar & Shri Anubhav Sharmaassessment Year: 2016-17 Peerless Consultancy Services Vs Acit, Pvt. Ltd., Kolkata, Central Circle-16, C/O Rc Rai & Associates, New Delhi. 203, 2Nd Floor, Akash Deep Building, 26A, Barakhamba Road, New Delhi. Pan: Aacct0544M Assessment Year: 2016-17 Acit, Peerless Consultancy Services Central Circle-16, Pvt. Ltd., Kolkata, New Delhi. C/O Rc Rai & Associates, 203, 2Nd Floor, Akash Deep Building, 26A, Barakhamba Road, New Delhi. Pan: Aacct0544M Assessment Year : 2016-17 Acit, Gajanand Development Ltd. Central Circle-16, Kolkata, New Delhi C/O Rc Rai & Associates, 203, 2Nd Floor, Akash Deep Building, 26A, Barakhamba Road, New Delhi. Pan: Aabcg0151G

For Appellant: Shri R.C. Rai, Advocate &For Respondent: Shri Waseem Arshad, CIT, DR
Section 132Section 153ASection 271ASection 69A

bullion, jewellery or other valuable article or thing belong or belongs to such person; B. The Tribunal has reasoned that the seized papers are loose papers and not books of accounts. We are unable to appreciate the significance or sequitur of the statement made by the Tribunal ... proper books of accounts so that they can be relied upon for the purpose of making additions. They could be in any form, including loose papers on which notings or scribblings have been made. While commenting on the seized documents, the Tribunal contradicted itself by first observing that it cannot

ACIT Central Circle-16, New Delhi vs. The Peerless Consultancy Services Pvt Ltd, Kolkata

The appeals of the Revenue are dismissed and the appeal of the assessee stands allowed

ITA 9867/DEL/2019[2016-17]Status: DisposedITAT Delhi07 Dec 2023AY 2016-17

Bench: Dr. Brr Kumar & Shri Anubhav Sharmaassessment Year: 2016-17 Peerless Consultancy Services Vs Acit, Pvt. Ltd., Kolkata, Central Circle-16, C/O Rc Rai & Associates, New Delhi. 203, 2Nd Floor, Akash Deep Building, 26A, Barakhamba Road, New Delhi. Pan: Aacct0544M Assessment Year: 2016-17 Acit, Peerless Consultancy Services Central Circle-16, Pvt. Ltd., Kolkata, New Delhi. C/O Rc Rai & Associates, 203, 2Nd Floor, Akash Deep Building, 26A, Barakhamba Road, New Delhi. Pan: Aacct0544M Assessment Year : 2016-17 Acit, Gajanand Development Ltd. Central Circle-16, Kolkata, New Delhi C/O Rc Rai & Associates, 203, 2Nd Floor, Akash Deep Building, 26A, Barakhamba Road, New Delhi. Pan: Aabcg0151G

For Appellant: Shri R.C. Rai, Advocate &For Respondent: Shri Waseem Arshad, CIT, DR
Section 132Section 153ASection 271ASection 69A

bullion, jewellery or other valuable article or thing belong or belongs to such person; B. The Tribunal has reasoned that the seized papers are loose papers and not books of accounts. We are unable to appreciate the significance or sequitur of the statement made by the Tribunal ... proper books of accounts so that they can be relied upon for the purpose of making additions. They could be in any form, including loose papers on which notings or scribblings have been made. While commenting on the seized documents, the Tribunal contradicted itself by first observing that it cannot

ACIT Central Circle-16, New Delhi vs. Gajanand Development Ltd, Kolkata

The appeals of the Revenue are dismissed and the appeal of the assessee stands allowed

ITA 9866/DEL/2019[2016-17]Status: DisposedITAT Delhi07 Dec 2023AY 2016-17

Bench: Dr. Brr Kumar & Shri Anubhav Sharmaassessment Year: 2016-17 Peerless Consultancy Services Vs Acit, Pvt. Ltd., Kolkata, Central Circle-16, C/O Rc Rai & Associates, New Delhi. 203, 2Nd Floor, Akash Deep Building, 26A, Barakhamba Road, New Delhi. Pan: Aacct0544M Assessment Year: 2016-17 Acit, Peerless Consultancy Services Central Circle-16, Pvt. Ltd., Kolkata, New Delhi. C/O Rc Rai & Associates, 203, 2Nd Floor, Akash Deep Building, 26A, Barakhamba Road, New Delhi. Pan: Aacct0544M Assessment Year : 2016-17 Acit, Gajanand Development Ltd. Central Circle-16, Kolkata, New Delhi C/O Rc Rai & Associates, 203, 2Nd Floor, Akash Deep Building, 26A, Barakhamba Road, New Delhi. Pan: Aabcg0151G

For Appellant: Shri R.C. Rai, Advocate &For Respondent: Shri Waseem Arshad, CIT, DR
Section 132Section 153ASection 271ASection 69A

bullion, jewellery or other valuable article or thing belong or belongs to such person; B. The Tribunal has reasoned that the seized papers are loose papers and not books of accounts. We are unable to appreciate the significance or sequitur of the statement made by the Tribunal ... proper books of accounts so that they can be relied upon for the purpose of making additions. They could be in any form, including loose papers on which notings or scribblings have been made. While commenting on the seized documents, the Tribunal contradicted itself by first observing that it cannot

Peerless Consultancy Services Pvt Ltd, New Delhi vs. ACIT Central Circle-16, New Delhi

The appeals of the Revenue are dismissed and the appeal of the assessee stands allowed

ITA 9749/DEL/2019[2016-17]Status: DisposedITAT Delhi07 Dec 2023AY 2016-17

Bench: Dr. Brr Kumar & Shri Anubhav Sharmaassessment Year: 2016-17 Peerless Consultancy Services Vs Acit, Pvt. Ltd., Kolkata, Central Circle-16, C/O Rc Rai & Associates, New Delhi. 203, 2Nd Floor, Akash Deep Building, 26A, Barakhamba Road, New Delhi. Pan: Aacct0544M Assessment Year: 2016-17 Acit, Peerless Consultancy Services Central Circle-16, Pvt. Ltd., Kolkata, New Delhi. C/O Rc Rai & Associates, 203, 2Nd Floor, Akash Deep Building, 26A, Barakhamba Road, New Delhi. Pan: Aacct0544M Assessment Year : 2016-17 Acit, Gajanand Development Ltd. Central Circle-16, Kolkata, New Delhi C/O Rc Rai & Associates, 203, 2Nd Floor, Akash Deep Building, 26A, Barakhamba Road, New Delhi. Pan: Aabcg0151G

For Appellant: Shri R.C. Rai, Advocate &For Respondent: Shri Waseem Arshad, CIT, DR
Section 132Section 153ASection 271ASection 69A

bullion, jewellery or other valuable article or thing belong or belongs to such person; B. The Tribunal has reasoned that the seized papers are loose papers and not books of accounts. We are unable to appreciate the significance or sequitur of the statement made by the Tribunal ... proper books of accounts so that they can be relied upon for the purpose of making additions. They could be in any form, including loose papers on which notings or scribblings have been made. While commenting on the seized documents, the Tribunal contradicted itself by first observing that it cannot