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“admission of additional evidence”

AppealsRule 46ARule 46A1,576 judgments

The decision most relied on for admission of additional evidence is CBI v. V.C. Shukla (3 SCC 410), cited in 442 judgments on BharatTax.

Leading authorities on admission of additional evidence

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.

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.

Shri Kailashben Manharlal Chokshi v. CIT
174 Taxmann 466 · 2008 · High Court
225
citing judgments

Liability cannot be fastened solely on the basis of a self-incriminating sworn statement made during a search, as such statements are not conclusive and require corroborative evidence.

Smt. Prabhavati S. Shah v. CIT
231 ITR 1 · 1998 · High Court
186
citing judgments

The first appellate authority must admit additional evidence if it is necessary for determining the true state of affairs and preventing undue hardship or a failure of justice, even without a specific request and particularly when the case falls under Rule 46A(1)(c).

CIT v. Manish Build Well (P) Ltd.
16 Taxmann.com 27 · 2011 · High Court
120
citing judgments

The CIT(A) must strictly comply with Rule 46A of the Income-tax Rules for admitting additional evidence, ensuring all prescribed conditions exist, reasons are recorded, and reasonable opportunity is provided to the Assessing Officer.

CIT v. Sunil Aggarwal
64 Taxmann.com 107 · 2015 · High Court
113
citing judgments

An addition of an unexplained cash credit based solely on an assessee's retracted admission made during a search and seizure operation is not justified, especially if the assessee later provides verifiable explanations.

CIT v. P.V. Kalyanasundaram
282 ITR 259 · 2006 · High Court
108
citing judgments

Seized loose sheets or unsigned documents discovered during a search operation possess admissible evidentiary value and can form the basis for income additions if corroborated by external evidence, such as matching payments, business records, or corroborative statements.

CIT v. Text Hundred India Pvt. Ltd.
351 ITR 57 · 2013 · High Court
88
citing judgments

The Tribunal has the discretion to admit additional evidence, even if filed by a party, when it deems it necessary for proper adjudication and to achieve substantial justice. This power can be exercised in the interest of justice.

Judgments citing admission of additional evidence

Channan Singh, Sangrur vs. Jao Income Tax Officer, Ward Sunam, Punjab

The appeal stand allowed

ITA 740/CHANDI/2025[2012-13]Status: DisposedITAT Chandigarh04 Sept 2025AY 2012-13

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकर अपील सं. / Ita No.740/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2012-13) Shri Channan Singh Ito Ward Sunam बनाम/ 125, Ward No 7, Koko Majri, Sunam Mata Modi Road, Preet Nagar Vs. Sangrur-148028 Sunam, Sangrur. "थायीलेखासं./जीआइआरसं./Pan/Gir No.Cxups-2467-L (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Sudhir Sehgal (Advocate) -Ld. Ar ""थ"कीओरसे/Respondent By : Shri Vivek Vardhan (Addl. Cit) – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 02-09-2025 घोषणाकीतारीख /Date Of Pronouncement : 04-09-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2012-13 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] Dated 24-03-2025 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 144 R.W.S. 147 Of The Act On 30-12-2018. Having Heard Rival Submissions & Upon Perusal Of Case Records, The Appeal Is Disposed-Off As Under.

For Appellant: Shri Sudhir Sehgal (Advocate) -Ld. ARFor Respondent: Shri Vivek Vardhan (Addl. CIT) – Ld. Sr. DR
Section 144

same very reason. 3. During first appeal, the assessee’s additional evidences were subjected to remand proceedings wherein Ld. AO opposed admission of additional evidences and reiterated the assessment so framed against the assessee. The assessee pointed out that the deposit of Rs.7.50 Lacs was sourced out of earlier withdrawals

Navodaya Mutually Aided Co-Operative Thrift Society Limited, Udamgadda vs. ITO., Ward-8(2), Hyderabad

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 334/HYD/2025[AY 2017-18]Status: DisposedITAT Hyderabad03 Sept 2025

Bench: Shri Ravish Sood & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.334/Hyd/2025 (निर्धारण वर्ा/Assessment Year:2017-18) M/S. Navodaya Mutually Aided Co- Income Tax Officer, Vs. Ward-8(2), Hyderabad. Operative Thrift Society Ltd., Udamgadda. Pan: Aacan0471H (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri Abhiroop Bhargav, C.A. रधजस् व द्वधरध/Revenue By: Shri Gurpreet Singh, Sr-Dr सुिवधई की तधरीख/Date Of Hearing: 26/08/2025 घोर्णध की तधरीख/Pronouncement: 03/09/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By M/S. Navodaya Mutually Aided Co- Operative Thrift Society Ltd. (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (“Ld. Cit(A)”), Dated 11.12.2024 For The A.Y. 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal :

For Appellant: Shri Abhiroop Bhargav, C.AFor Respondent: Shri Gurpreet Singh, SR-DR
Section 142(1)Section 144Section 69A

Hence, the adverse view taken only for lack of evidence during the limited demonetisation period is unjustified. Accordingly, the Ld. AR prayed for admission of additional evidence and deletion of the addition, or in the alternative, restoration of the matter to the file of the Ld. AO for proper verification