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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

Mr. Anil Bherumal Kalal, Mumbai vs. ITO -19(2)(1), Mumbai

In the result, substantial ground of appeal raised by assessee is allowed

ITA 1189/MUM/2025[2006-07]Status: DisposedITAT Mumbai21 Apr 2025AY 2006-07

Bench: Shri Pawan Singh(Physical Hearing) Mr. Anil Bherumal Kalal Ito – 19(2)(1), Mumbai A-602, Pooja Enclave, S T Braz Road, Kautilya Bhavan, Bkc, Vs. Behind Nanavati Hospital, Vile Parle Bandra (East), Mumbai – West, Mumbai-400056. 400051. Pan: Aabpk 3216 B (Appellant) (Respondent) Assessee By : Shri Subhash Chhajed, Ar Revenue By : Ms. Pradnya Gholap, Sr. Dr Date Of Hearing : 16.04.2025 Date Of Pronouncement : 16.04.2025 Order Under Section 254(1) Of Income Tax Act Per Pawan Singh: 1. This Appeal By Assessee Is Directed Against The Order Of Ld. Cit(A) Dated 30.12.2024 For A.Y. 2006-07. The Assessee Has Raised The Following Grounds Of Appeal: “Validity Of The Notice Under Section 143(2) Of The Act & The Assessment Thereunder: 1.A) On The Facts & In The Circumstances Of The Case & In Law, The Learned Commissioner Of Income Tax (Appeals) [Cit (A)] Erred In Upholding The Assessment For The Assessment Year 2006-07 Framed By The Learned Assessing Officer Without Complying With The Relevant Provisions Of The Law. B) It Is Respectfully Submitted That No Notice Under Section 143(2) Of The Act Was Served On The Appellant Within The Time Limits Prescribed Under Section 143(2) Of The Act. Accordingly, The Learned Assessing Officer Had No Jurisdiction To Proceed With Scrutiny Assessment Under Section 143(3) Of The Act. Thus, The Assessment Is Bad In Law & Deserves To Be Quashed & Struck Down As Null & Void. In View Of The Above, The Appellant Prays That The Assessment Be Set Aside As Bad In Law & Struck Down As Null & Void.

For Appellant: Shri Subhash Chhajed, ARFor Respondent: Ms. Pradnya Gholap, Sr. DR
Section 143(2)Section 143(3)Section 144Section 254(1)Section 54FSection 69

furnished of necessary evidence to prove the source of investment. The assessee also filed application Rule 46A of Income Tax Rules for admission of additional evidence to substantiate the source of investment. On the submission and 4 Mr. Anil Bherumal Kalal A.Y. 2006-07 evidence furnished by assessee

Anil Dinkar Patil, Bhusawal vs. Income Tax Officer Ward 2(1) Jalgaon, Jalgaon

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

ITA 474/PUN/2025[2017-18]Status: DisposedITAT Pune09 Apr 2025AY 2017-18

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.474/Pun/2025 िनधा"रण वष" / Assessment Year: 2017-18 Anil Dinkar Patil, V The Income Tax Officer, Anil Book Depot, Near New S Ward-2(1), Jalgaon. Satara Bridge, Bhusawal, Maharashtra – 425201. Pan: Aqhpp5953C Appellant/ Assessee Respondent / Revenue Assessee By Shri R.Shirude -Ar & Shri Anil Patil(Assessee) Revenue By Shri Prashant B. Gandhale –Jcit(Dr) Date Of Hearing 08/04/2025 Date Of Pronouncement 09/04/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961, Dated 12.12.2024 For Assessment Year 2017-18. The Assessee Has Raised The Following Grounds Of Appeal : “1) In The Facts, Circumstances & Position Of Law, Learned Cit(A), Nfac Erred In Confirming The Order Of Assessing Officer & Passing Ex-Parte Order.

Section 115BSection 144Section 250Section 69A

paper book at page no.72. Ld.AR submitted a paper book and he admitted that it is additional evidence. Ld.AR pleaded for admission of additional evidence. Ld.AR further submitted that the paper book contains copies of cash book, cash flow statement, copies of bills to demonstrate the business carried by assessee

Sattyasheel Nandlal Naik(HUF), Pune vs. DCIT, Circle-6, Pune

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

ITA 761/PUN/2024[2017-18]Status: DisposedITAT Pune08 Apr 2025AY 2017-18

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.761/Pun/2024 िनधा"रण वष" / Assessment Year : 2017-18 Sattyasheel Nandlal Naik Vs. Dcit, Circle-6, Pune. (Huf), 878, Shukrawar Peth, Pune- 411002. Pan : Aaahn5509B Appellant Respondent Assessee By : Shri S. N. Puranikh Revenue By Shri Arvind Desai : Date Of Hearing : 16.01.2025 Date Of Pronouncement : 08.04.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 23.03.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2017-18. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. Cit(Appeals) Has Erred On Facts & Law In Confirming The Addition To Income Of Rs.54,99,635/- On Account Of Income From House Property U/S 23(4) Of I.T. Act.

For Appellant: Shri S. N. Puranikh
Section 143(2)Section 23(4)

this Tribunal. 5. Ld. AR appearing from the side of the assessee submitted before us that the assessee has filed two applications for admission of additional evidences. First application was filed on 27.08.2024 wherein copy of sale deed of Flat No.B-16 has been furnished wherein it has been mentioned that ... condition therefore, the Assessing Officer should not have had calculated any deemed rent u/s 23(4) of the Act. 5.1 Another application for admission of additional evidence was furnished on 15.01.2025 wherein the assessee has furnished copy of possession certificate with respect to Flat No.D-2601 and D- 2602. According

Nilkanth Raojibhai Patel, Vadodara vs. The ITO, Ward-2, Intl. Taxn., Ahmedabad

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

ITA 1995/AHD/2024[2011-12]Status: DisposedITAT Ahmedabad04 Apr 2025AY 2011-12

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. No. 1995/Ahd/2024 ("नधा"रण वष" / Assessment Year : 2011-12) बनाम/ Nilkanth Raojibhai Patel Income Tax Officer Karmyog 1 Solarhome, Ward (2), International Vs. Opp. Ashweriya Flats, Taxation, Ahmedabad Vegetable Market Road, Ellora Park, Odhavpura, Vadodara, Gujarat - 390007 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Bappp3651Q (Appellant) .. (Respondent) अपीलाथ" ओर से /Appellant By : Ms. Urvashi Sodhan, Ar. ""यथ" क" ओर से/Respondent By : Smt. Trupti Patel, Sr. Dr 02/04/2025 Date Of Hearing Date Of Pronouncement 04/04/2025 O R D E R Per Shri Narendra Prasad Sinha, Am: This Appeal Is Filed By The Assessee Against The Order Of The Commissioner Of Income Tax (Appeals), Ahmedabad-13, (In Short ‘The Cit(A)’), Dated 11.08.2023 For The Assessment Year 2011-12. 2. As Per Registry, There Was A Delay Of 39 Days In Filing Of This Appeal. The Assessee Has Filed An Affidavit Explaining The Reason For The Delay Which, According To Him, Was Of 466 Days. It Has Been Submitted That The Assessee Is A Super Senior Citizen Aged 80 Years, Residing In Usa & That He Only Occasionally Visited His Native Place In India. The Order Of The Ld. Cit(A) Was Sent To His Email Account But He Was Not Regular In Accessing His Email

For Appellant: Ms. Urvashi Sodhan, ARFor Respondent: Smt. Trupti Patel, Sr. DR
Section 144Section 147Section 68

assessee and, therefore, the AO was not correct in treating the same as unexplained investment. The assessee has also filed an application for admission of additional evidence in support of the investment made in Mutual Funds. The Ld. AR, therefore, requested that the matter may be set aside