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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

Satyapal Singh, Tonk vs. Deputy Commissioner of Income Tax, Central Circle-2, Jaipur

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

ITA 564/JPR/2023[2018-19]Status: DisposedITAT Jaipur31 Oct 2023AY 2018-19

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA Nos. 563 & 564/JP/2023 fu/kZkj.k o"kZ@Assessment Years : 2017-18 & 2018-19 Satyapal Singh Brahman Mohlla Phool Mali Mali Malpura, Tonk cuke Vs. Deputy Commissioner of Income Tax Central Circle-02, Jaipur LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: BRKPS 0344 B vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Sh. R. K. Bhatra (CA) & Sh. S. R. Sharma (CA) jktLo dh vksj ls@

For Appellant: Sh. R. K. Bhatra (CA) &For Respondent: Sh. Ajay Malik (CIT)
Section 131Section 132(1)Section 144Section 153CSection 69

premises of Shri Jaipal Singh 35, Chitragupt Nagar 1st, Imliwala Faatak, Jaipur on 02.08.2017. During the course of search proceedings, a diary and some loose papers containing cash/cheque loan receipts and payments were found and seized and inventorized as Annexure-As Exhibit-3. This diary was written in handwriting ... other sources. During the course of search & seizure action at his premises at 35, Chitragupt Nagar, 1 Imliwala Faatak, a diary and some loose papers containing cash/cheque loan receipts and payments were found which were seized and inventorized as per Annexure AS, Exhibit 2 & 3. The seized annexure contained transactions

Satyapal Singh, Tonk vs. Deputy Commissioner of Income Tax, Central Circle-2, Jaipur

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

ITA 563/JPR/2023[2017-18]Status: DisposedITAT Jaipur31 Oct 2023AY 2017-18

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA Nos. 563 & 564/JP/2023 fu/kZkj.k o"kZ@Assessment Years : 2017-18 & 2018-19 Satyapal Singh Brahman Mohlla Phool Mali Mali Malpura, Tonk cuke Vs. Deputy Commissioner of Income Tax Central Circle-02, Jaipur LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: BRKPS 0344 B vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Sh. R. K. Bhatra (CA) & Sh. S. R. Sharma (CA) jktLo dh vksj ls@

For Appellant: Sh. R. K. Bhatra (CA) &For Respondent: Sh. Ajay Malik (CIT)
Section 131Section 132(1)Section 144Section 153CSection 69

premises of Shri Jaipal Singh 35, Chitragupt Nagar 1st, Imliwala Faatak, Jaipur on 02.08.2017. During the course of search proceedings, a diary and some loose papers containing cash/cheque loan receipts and payments were found and seized and inventorized as Annexure-As Exhibit-3. This diary was written in handwriting ... other sources. During the course of search & seizure action at his premises at 35, Chitragupt Nagar, 1 Imliwala Faatak, a diary and some loose papers containing cash/cheque loan receipts and payments were found which were seized and inventorized as per Annexure AS, Exhibit 2 & 3. The seized annexure contained transactions