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“third party information”

Search & SeizureSection 133(6)Section 133(6)322 judgments

The decision most relied on for third party information is Andaman Timber Industries v. CCE (281 CTR 241), cited in 1,335 judgments on BharatTax.

Leading authorities on third party information

Andaman Timber Industries v. CCE
281 CTR 241 · 2015 · Supreme Court
1,335
citing judgments

An assessee must be given an opportunity to cross-examine third parties whose statements are relied upon for adverse findings. Failure to provide this opportunity is a serious flaw rendering the order a nullity.

PCIT v. Krishna Devi
126 Taxmann.com 80 · 2021 · High Court
249
citing judgments

The genuineness of share transactions, particularly those generating long-term capital gains, cannot be rejected solely based on general investigation reports, third-party statements, or a mere increase in share price, when the assessee provides comprehensive documentary evidence, without the Revenue bringing substantial evidence to the contrary.

CIT v. Eastern Commercial Enterprises
210 ITR 103 · 1994 · High Court
205
citing judgments

If the Assessing Officer relies on adverse evidence or witness testimony, including statements recorded under Section 132(4), the assessee must be provided an opportunity to cross-examine the witness or source of the evidence, upholding principles of natural justice. An assessment made without such an opportunity may be considered invalid.

153 (Gujarat) 8 Shakti Karnawat v. ITO
296 ITR 90 · 2008 · High Court
171
citing judgments

A live link of third-party information can form the basis for reopening an assessment under Section 148, provided it contains material facts necessary for assessment. The Assessing Officer must demonstrate a "reason to believe" that income has escaped assessment, which can be satisfied by such information even if it pertains to other assessees or relates to accommodation entries.

Peass Industrial Engineers (P) Ltd. v. DCIT
73 Taxmann.com 185 · 2016 · High Court
137
citing judgments

The Assessing Officer is justified in initiating reassessment proceedings under Section 147 based on specific, tangible information received, even if an assessment under Section 143(1) or 143(3) was previously done. At the initial stage, "reason to believe" only requires relevant material to form a reasonable belief that income has escaped assessment, not established proof of escapement.

Chandigarh), S.P Goyal v. DCIT
74 ITD 298 · 2000 · ITAT
122
citing judgments

The Assessing Officer cannot make additions to income based solely on loose papers, scribbled figures, or entries in seized material without independent corroborative evidence, proof of actual money transfer, or statements from concerned parties. Suspicion, however strong, is not a sufficient basis for additions under income tax law.

RBI v. Jayantilal N. Mistry (supra), Marcel Martins Vs. M. Printer & Ors.
5 SCC 342 · 2009 · Reported
102
citing judgments

The case clarifies the concept of a "fiduciary relationship," emphasizing its foundation in trust, confidence, integrity, and the obligation to act primarily for the benefit of another. It also notes the fiduciary's duty to act in confidence and not disclose information to third parties.

2 CIT v. Indrajit Singh Suri
33 Taxmann.com 281 · 2013 · High Court
100
citing judgments

The validity of reassessment proceedings initiated under Sections 147/148 against legal representatives of a deceased assessee requires a demonstrable 'reason to believe' that income escaped assessment, often based on third-party information such as alleged accommodation entries.

Judgments citing third party information

Deputy Commissioner of Income Tax, Central Circle-2, Ludhiana vs. Malbros International Pvt Ltd, Faridkot

In the result, both the appeals and the Cross Objections are dismissed

ITA 992/CHANDI/2024[2017-18]Status: DisposedITAT Chandigarh25 Jun 2025AY 2017-18

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita Nos. 992 & 993/Chd/2024 "नधा"रण वष" / Assessment Years: 2017-18, 2016-17 The Dcit, Vs Malbros International Pvt. Ltd., Central Circle-2, Village – Mansoorwal, Teh-Zira, Ludhiana. Head Offices Old Cantt. Road, Faridkot. "थायी लेखा सं./Pan No: Aadcm7203R अपीलाथ"/Appellant ""यथ"/Respondent & C.O. Nos. 46 & 45/Chd/2024 In आयकर अपील सं./ Ita Nos. 992 & 993/Chd/2024 "नधा"रण वष" / Assessment Year: 2017-18, 2016-17 Malbros International Pvt. Ltd., The Dcit, Village – Mansoorwal, Teh-Zira, Vs Central Circle-2, Head Offices Old Cantt. Road, Ludhiana. Faridkot. "थायी लेखा सं./Pan No: Aadcm7203R अपीलाथ"/Appellant ""यथ"/Respondent Assessee By : Shri Sudhir Sehgal, Advocate Revenue By : Smt. Kusum Bansal, Cit Dr Date Of Hearing : 14.05.2025 Date Of Pronouncement : 25.06.2025

For Appellant: Shri Sudhir Sehgal, AdvocateFor Respondent: Smt. Kusum Bansal, CIT DR
Section 249Section 253Section 3Section 5

account, lorry receipts, weight slips, good slips and also argued that no disallowance could be made u/s 37 on the basis of the third party information and there is no evidence on record that the amount as remitted by the assessee in respect of the purchase of the Rice Nakku

Chandra Kumar Jain, Damoh vs. Income Tax Officer, Damoh

In the result, the appeal of the assessee is dismissed

ITA 70/JAB/2024[2011-12]Status: DisposedITAT Jabalpur21 May 2025AY 2011-12

Bench: Sh. Kul Bharat & Sh. Nikhil Choudharya.Y. 2011-12 Chandra Kumar Jain, Vs. Nfac, Delhi, (Jurisdiction Prop. M/S Chandra & Sons, 14, 121 Officer, Ito, Damoh, M.P. Kirana Merchant, Bakoli Kirana Line, Damoh, M.P. Pan:Acjpj7460N (Appellant) (Respondent) Assessee By: Sh. Dhiraj Ghai, Fca Revenue By: Sh. Alok Bhura, Sr. Dr Date Of Hearing: 19.05.2025 Date Of Pronouncement: 21.05.2025 O R D E R Per Nikhil Choudhary, A.M. This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), Nfac Dated 29.12.2023 Under Section 250 Of The Income Tax Act, 1961 Dismissing The Appeal Of The Assessee Against The Order Of The Ito, Ward, Damoh Dated 12.12.2018. The Grounds Of Appeal Are As Under:- “1. On The Facts & Circumstances Of The Case, Ld. Cit(A) Erred In Confirming The Order Of Ld. Ao Being Based On Third Party'S Statements Without Allowing Their Cross Verification & Hence Addition Made Are Against Law & Natural Justice As Has Been Held In The Case Of C. Vasantlal & Co. V. Cit [1962] 45 Itr 206 By Supreme Court. Hence Additions Of Rs 4,65,700/-And Rs 10,525,/- May Kindly Be Deleted. 2. On The Facts & Circumstances Of The Case, Ld Cit (A) Erred In Confirming The Additions Made By Ao Of Rs. 4,76,225/-Without Considering The Fact That Bill Issued By M/S Narmada Sugar Pvt Ltd Narsinghpur.As Considered To Be That Of Assessee Was Not In Assessee Name & Hence Addition Was Based On Mere Assumptions & Presumptions.

For Appellant: Sh. Dhiraj Ghai, FCAFor Respondent: Sh. Alok Bhura, Sr. DR
Section 147Section 250Section 69

case, Ld. CIT(A) erred in not considering the fact that re-opening of the assessment proceedings u/s 147 was based on third party information & in mechanical mode & hence assessment order is bad in law & needs to be quashed. The assessment order was bad in law for other reasons

Dilip Tahlani & Sons HUF, Kolkata vs. ITO, Ward- 26(2), Kolkata

The appeal of the assessee is allowed

ITA 354/KOL/2025[2012-13]Status: DisposedITAT Kolkata21 May 2025AY 2012-13

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.354/Kol/2025 Assessment Year: 2012-13 Dilip Tahlani & Sons Huf……………………………………...….……….Appellant C/O Subash Agarwal & Associates, Advocate Siddha Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor, Kolkata – 700069. [Pan: Aafhd1429P] Vs. Ito, Ward-26(2), Kolkata.………….....................……........……...…..…..Respondent Appearances By: Shri Siddharth Agrawal, Advocate, Appeared On Behalf Of The Assessee. Shri Archana Gupta, Addl. Cit, Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : May 14, 2025 Date Of Pronouncing The Order : May 21, 2025 Order Per Sonjoy Sarma: This Appeal Of The Assessee Is Directed Against The Order Dated 26.09.2024 Passed By The National Faceless Appeal Centre [Hereinafter Referred To As ‘The ‘Ld. Cit(A)’] U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. At The Outset, It Is Noted That There Is A Delay Of 81 Days In Filing The Instant Appeal Before The Tribunal. The Assessee Has Submitted An Application For Condonation Of Such Delay Explaining Reasons For The Delay. We, After Perusing The Petition Made In The Application, Satisfy

Section 147Section 148Section 250Section 271(1)(c)Section 69A

same. He, therefore, prayed before the Bench that the addition was made without application of mind and only on the basis of third party information and even if when the assessee did not enter into any such transaction as alleged, therefore, there is no basis of making such addition, hence