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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

Aijaz Mohiuddin, Hyderabad vs. Income Tax Officer, Ward - 7(1), Hyderabad

In the result, appeal filed by the assessee is allowed for statistical purposes

ITA 272/HYD/2025[2017-18]Status: DisposedITAT Hyderabad06 Aug 2025AY 2017-18

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Manjunatha, G.आ.अपी.सं /Ita No.272/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2017-18) Shri Aijas Mohiuddin Vs. Income Tax Officer Hyderabad Ward 7(1) Pan:Ajbpa3676Q Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri Gvn Hari, Advocate राज" व "ारा/Revenue By:: Shri Gurpreet Singh, Sr.Ar सुनवाई की तारीख/Date Of Hearing: 31/07/2025 घोषणा की तारीख/Pronouncement: 06/08/2025 आदेश/Order Per Vijay Pal Raothis Appeal By The Assessee Is Directed Against The Order Dated, 2/12/2024 Of The Learned Cit (A)-Nfac Delhi, For The A.Y.2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal: “1. The Order Of The Learned Commissioner Of Income Tax (Appeals) Is Contrary To The Facts & Also The Law Applicable To The Facts Of The Case. 2. The Learned Commissioner Of Income Tax (Appeals) Is Not Justified In Dismissing The Appeal Ex-Parte.

For Appellant: Shri GVN Hari, AdvocateFor Respondent: : Shri Gurpreet Singh, Sr.AR
Section 142(1)Section 144Section 69A

bank account of the assessee. The learned Counsel for the assessee has also referred to the petition filed by the assessee for admission of additional evidence and submitted that due to the reasons as explained above, the assessee could not produce the relevant details and evidence to explain the source

Ananda Prasad Venigala, Hyderabad vs. DCIT, Circle-1(1), Hyderabad

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

ITA 1384/HYD/2024[2017-18]Status: DisposedITAT Hyderabad06 Aug 2025AY 2017-18

Bench: Shri Ravish Sood & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.1384/Hyd/2024 (निर्धारण वर्ा/Assessment Year:2017-18) Shri Ananda Prasad Venigala, Dy. Commissioner Of Income Tax, Vs. Circle-1(1), Hyderabad. Hyderabad. Pan:Aewpp1096B (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri S. Rama Rao, Advocate रधजस् व द्वधरध/Revenue By:: Dr. Sachin Kumar, Sr-Dr सुिवधई की तधरीख/Date Of Hearing: 31/07/2025 घोर्णध की तधरीख/Pronouncement: 06/08/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Shri Ananda Prasad Venigala (“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 18.11.2024 For The A.Y. 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal :

For Appellant: Shri S. Rama Rao, AdvocateFor Respondent: : Dr. Sachin Kumar, SR-DR
Section 10Section 143(3)Section 14ASection 14A(2)Section 68

assessment. He further invited our attention to para 5.1 of the Ld. CIT(A)’s order, which states that no application for admission of additional evidence was made and no reasons were provided for not filing the documents earlier. Accordingly, the Ld. DR submitted that the additional evidence should

Deputy Commissioner of Income Tax, New Delhi vs. Adaab Hotels Ltd, Delhi

In the result, the appeal filed by the Revenue is dismissed

ITA 4677/DEL/2024[2017-18]Status: DisposedITAT Delhi06 Aug 2025AY 2017-18

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahmandcit, Vs. Adaab Hotels Limited, New Delhi. 81, Adchini, Sr. Aurobindo Marg, Delhi – 110 016. (Pan : Aabca0850G) (Appellant) (Respondent) Assessee By : Shri Ankit Kumar, Advocate Shri Parth Singhal, Advocate Revenue By : Shri Ramesh Chand, Sr. Dr Date Of Hearing : 13.05.2025 Date Of Order : 06.08.2025 O R D E R Per S.Rifaur Rahman: 1. This Appeal Is Filed By The Assessee Against The Order Of Ld. Commissioner Of Income-Tax (Appeals)/National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Ld. Cit (A)] Dated 09.08.2024 For Assessment Year 2017-18 Raising Following Grounds Of Appeal :- “1. On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Has Erred In Deleting The Addition Of Rs 1,70,52,504/- Made U/S 68 Of The Act Without Appreciating The Fact That The Assessee Company Has Failed To Produce The Relevant Document As Required By The Assessing Officer During The Assessment Proceedings. 2. On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Has Erred In Deleting The Addition Of Rs.1,70,52,504/- Made U/S 68 Of The Act By Ao, On The Basis Of Fresh/New Evidences Produced By The Assessee During The Appellate Proceedings Without Appreciating The Facts That The Assessee Has Failed To Produce

For Appellant: Shri Ankit Kumar, AdvocateFor Respondent: Shri Ramesh Chand, Sr. DR
Section 143(1)Section 68

Kumar vs. CIT, 288 ITR 278 wherein the Hon'ble Court has held that application under the rule 46A must be made for admission of additional evidences with reasons showing the purpose of the additional evidences and reasons for not producing it earlier.” 2. Brief facts of the case

Income Tax Officer, Income Tax Office, Feroj Khimjibhai Complex, Belagavi vs. S G Copper Products Pvt Ltd, Vaze Galli, M Vadgaon, Bgm

In the result, the appeal filed by the revenue and the cross objections of the assessee are allowed for statistical purposes

ITA 166/PAN/2023[2017-18]Status: DisposedITAT Panaji01 Aug 2025AY 2017-18

Bench: Shri Pavan Kumar Gadale & Shri G D Padmahshalii T A. Nos.166/Pan/2023 & C.O.No.4/Pan/2024 (A.Y. 2017-18 ) I T O Ward -1 Vs S G Copper Products Civil Hospital Road, Pvt Limited, . Belgaum-590001. 125/A, Vazegalli, Karnataka. Vadgaon, Belgaum-590005, Karnataka. Pan .No. Aancs3201P (अपीलाथ"/Appellant) (""यथ"/Respondent) Revenue By Smt.Rijula Uniyal .Sr.Dr Assessee By Shri. Mahantesh K Hospeth.Ar सुनवाई क" तार"ख/Date Of Hearing 31.07.2025 घोषणा क" तार"ख/Date Of Pronouncement 01.08.2025 Order Per Bench: The Appeal Is Filed By The Revenue Against The Order Of The Nfac Delhi/Cit(A) Passed U/Sec 143(3) & U/Sec 250 Of The Act. & The Assessee Has Filed Cross Objection. 2.At The Time Of Hearing, The Ld.Ar Of The Assessee Submitted That There Is A Delay In Filing The Cross Objections Before The Hon’Ble Tribunal & The Assesse Has Filed An Affidavit For Condonation Of Delay. Whereas, The Facts Mentioned Are Reasonable & The Ld. Dr Has No Specific Objections. Accordingly, We Condone The Delay & Admit The Cross Objections. The Revenue Has Raised

Ld.AR emphasized that the assesse has submitted the details as called for by the authorities. And The assessee is filling the application for admission of additional evidences under Rule 29 of ITAT 4 ITA. No.166/PAN/2023 & C.O.No..4/PAN/2024. S G Copper Products Pvt Limited. rules along with the independent audit report