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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

Assistant Commissioner of Income Tax, Circle-1, Bharuch vs. Al-Foulek Residency Pvt. Ltd., Bharuch

Appeal is allowed

ITA 441/SRT/2018[2014-15]Status: DisposedITAT Surat27 Jul 2023AY 2014-15

Bench: Shri Pawan Singh, Jm & Dr. A.L. Saini, Am आयकर अपील सं./Ita Nos.437 & 441/Srt/2018 (िनधा"रणवष" / Assessment Year: (2014-15) (Virtual Court Hearing) Al Foulek Residency P Ltd. Asstt. Commissioner Of Shop No.7, Chandni Complex, Mouje Income-Tax, Circle-1, Hari Kunj, 1St Floor, Income Tax Dungri, Bharuch-392001 Office, Station Road, Vs. Bharuch-392001 Asstt. Commissioner Of Income- Al Foulek Residency P Ltd. Tax, Circle-1, Hari Kunj, 1St Floor, Shop No.7, Chandni Complex, Income Tax Office, Station Road, Mouje Dungri, Bharuch-392001 Bharuch-392001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aakca 1031 G (अपीलाथ" /Appellant) (""थ" /Respondent)

For Appellant: NoneFor Respondent: Shri Ashok B.Koli– CIT.DR
Section 143(3)

filed written submission, which is reproduced below: “Ground No. 2: It has been found by the Assessing Officer that on Page No. 18 of loose paper File impounded as Annexure A-7 during the course of survey proceedings, evidences for on money have been gathered and it describes the cash ... erred on facts and in law in not adjudicating ground relating to additions made by Assessing Officer by taking cognizance of loose papers / rough notings impounded in the course of survey solely on the strength of statement of director recorded in the course of survey without corroborating the same with

Al-Foulek Residency Pvt. Ltd., Bharuch vs. Assistant Commissioner of Income Tax, Circle-1, Bharuch

Appeal is allowed

ITA 437/SRT/2018[2014-15]Status: DisposedITAT Surat27 Jul 2023AY 2014-15

Bench: Shri Pawan Singh, Jm & Dr. A.L. Saini, Am आयकर अपील सं./Ita Nos.437 & 441/Srt/2018 (िनधा"रणवष" / Assessment Year: (2014-15) (Virtual Court Hearing) Al Foulek Residency P Ltd. Asstt. Commissioner Of Shop No.7, Chandni Complex, Mouje Income-Tax, Circle-1, Hari Kunj, 1St Floor, Income Tax Dungri, Bharuch-392001 Office, Station Road, Vs. Bharuch-392001 Asstt. Commissioner Of Income- Al Foulek Residency P Ltd. Tax, Circle-1, Hari Kunj, 1St Floor, Shop No.7, Chandni Complex, Income Tax Office, Station Road, Mouje Dungri, Bharuch-392001 Bharuch-392001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aakca 1031 G (अपीलाथ" /Appellant) (""थ" /Respondent)

For Appellant: NoneFor Respondent: Shri Ashok B.Koli– CIT.DR
Section 143(3)

filed written submission, which is reproduced below: “Ground No. 2: It has been found by the Assessing Officer that on Page No. 18 of loose paper File impounded as Annexure A-7 during the course of survey proceedings, evidences for on money have been gathered and it describes the cash ... erred on facts and in law in not adjudicating ground relating to additions made by Assessing Officer by taking cognizance of loose papers / rough notings impounded in the course of survey solely on the strength of statement of director recorded in the course of survey without corroborating the same with