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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

Advik Hi Tech Pvt Ltd, Pune vs. Dy.Comm.of Income Tax, Circle 8, Pune, Akurdi Pune

In the result, the cross appeal filed by the Revenue in ITA

ITA 1158/PUN/2023[2020-21]Status: DisposedITAT Pune18 Feb 2025AY 2020-21

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1158/Pun/2023 िनधा"रण वष" / Assessment Year : 2020-21 Advik Hi Tech Pvt. Ltd., Vs. Dcit, Circle-8, Pune. Gat No.357, Plot No.99, Village- Kharabwadi, Tal.- Khed, Chakan- 410501. Pan : Aacca3106E Appellant Respondent आयकर अपील सं. / Ita No.1330/Pun/2023 िनधा"रण वष" / Assessment Year : 2020-21 Dcit, Circle-8, Pune. Vs. Advik Hi Tech Pvt. Ltd., Gat No.357, Plot No.99, Village- Kharabwadi, Tal.- Khed, Chakan- 410501. Pan : Aacca3106E Appellant Respondent Assessee By : Shri Sharad A. Shah & Shri Rohit S. Tapadiya Revenue By : Shri Amol Khairnar Date Of Hearing : 21.11.2024 Date Of Pronouncement : 18.02.2025 आदेश / Order Per Vinay Bhamore, Jm: These Cross Appeals Filed By The Assessee As Well As By The Revenue Are Directed Against The Order Dated 16.10.2023 Passed By Ld.Cit(A)/Nfac For The Assessment Year 2020-21 Respectively.

For Appellant: Shri Sharad A. Shah &For Respondent: Shri Amol Khairnar
Section 143(1)Section 143(2)Section 143(3)Section 14ASection 35Section 35(1)Section 80GSection 80I

prays your honor to consider Form 3CL received subsequent to the CIT(A) order (received on 19-10-2023) (a separate prayer for admission of additional evidence is being filed). 3.2 Without prejudice to above, the assessee prays allowance of research and development expenses u/s 35(1) in respect

Pollangi Chinnappan Chittybabu, Ambur, Vellore, Tamilnadu vs. Income Tax Officer, Ward-3, Vellore

In the result, the appeals raised by the assessee are allowed for statistical purposes

ITA 1776/CHNY/2024[2017-18]Status: DisposedITAT Chennai12 Feb 2025AY 2017-18

Bench: Shri Aby T Varkey & Shri Amitabh Shuklaआयकर अपील सं./Ita No.1776/Chny/2024 निर्ाारण वर्ा /Assessment Years: 2017-18 Pollangi Chinnappan Chittybabu, Income Tax Officer, No.3/97, Thattaparai Village, Ward-3, Kadavalam Post, Vellore. Thuthipet Via Ambur, Vellore Dist, Tamil Nadu-635811 [Pan: Ahjpc3990P] आयकर अपील सं./Sa No.34/Chny/2024 (Ita No.1776/Chny/2024) निर्ाारण वर्ा /Assessment Years: 2017-18 (प्रत्यर्थी/Respondent) (अपीलार्थी/Appellant) अपीलार्थी की ओर से/ Assessee By : Shri A.S.Harihara Kumar, C.A. प्रत्यर्थी की ओर से /Revenue By : Shri Keerthi Narayanan, Jcit सुिवाई की तारीख/Date Of Hearing : 24.12.2024 घोर्णा की तारीख /Date Of Pronouncement : 12.02.2025 आदेश / O R D E R Per Amitabh Shukla, A.M :

For Appellant: Shri A.S.Harihara Kumar, C.AFor Respondent: Shri Keerthi Narayanan, JCIT
Section 250Section 69

called for a remand report from the Ld. AO under rule 46A. In the said remand report the Ld. AO had objected to admission of additional evidences. The Ld.CIT(A) had confronted the impugned evidences to the assessee and in the absence of any reply ITA No.1776 & SA-34/Chny/2024

Sureshkumar Mavjibhai Bhingaradia, Individual, Bharuch vs. The DCIT, Circle 2(1)(1), Vadodara

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

ITA 355/SRT/2024[2012-13]Status: DisposedITAT Surat10 Feb 2025AY 2012-13

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita No.355/Srt/2024 Assessment Year: (2012-13) (Physical Hearing) Sureshkumar Mavjibhai Bhingaradia, Vs. The Acit, Plot No.3441/B, Near Pci Chowkdi, Circle – 2(1)(1), Gidc Estate, Bharuch - 393002 Vadodara "थायीलेखासं./जीआइआरसं./Pan/Gir No: Acqpb6047G (Appellant) (Respondent) Appellant By Shri Tushar P. Hemani, Sr. Advocate With Shri Parimalsinh B. Parmar, Advocate Respondent By Shri Mukesh Jain, Sr. Dr Date Of Hearing 01/01/2025 Date Of Pronouncement 10/02/2025

Section 10Section 143(3)Section 144Section 148Section 14ASection 250

issued various notices in response to which assessee filed submission which has been extracted in the appellate order. The appellant made application for admission of additional evidence which is at page 8 and 9 of appellate order. It was submitted that the requisite submission and other documents in response ... Authorised Representative (ld. AR) of the assessee submitted written submission and a paper book containing 38 pages. He has also made application for admission of additional evidence enclosing 80 pages, which includes copies of acknowledgement of ITR and STI for the AYs.2010-11 to 2012-13, ledger accounts of various lenders

Assistant Commissioner of Income-Tax, Circle-2(1)(1), Ahmedabad vs. H V Infratex Ltd, Ahmedabad

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

ITA 1034/AHD/2023[2016-2017]Status: DisposedITAT Ahmedabad06 Feb 2025AY 2016-2017

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.1034/Ahd/2023 िनधा"रण वष" /Assessment Year : 2016-17 Assistant Cit H.V. Infratex Ltd. बनाम/ Circle-2(1)(1) 202, Parth Milan Complex V/S. Ahmedabad Nr. Hotel Nest,Navrangpura Ahmedabad – 380 009 (Gujarat) "थायी लेखा सं./Pan: Aabch 6794 C (अपीलाथ$/ Appellant) (%& यथ$/ Respondent) Assessee By : Shri Prakash D. Shah, Ar Revenue By : Shri Rignesh Das, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 30 /01/2025 घोषणा की तारीख /Date Of Pronouncement: 06/02/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: This Appeal Filed By The Revenue Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “Cit(A)”] Dated 30.10.2023, Arising Out Of The Assessment Order Dated 10/12/2018 Passed Under Section 144 Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act”] By The Assistant Commissioner Of Income Tax, Circle 2(1)(1), Ahmedabad [Hereinafter Referred To As “Ao”] For The Assessment Year (Ay) 2016-17. The Asstt. Cit Vs. H.V. Infratex Ltd. Asst. Year : 2016-17

For Appellant: Shri Prakash D. Shah, ARFor Respondent: Shri Rignesh Das, Sr.DR
Section 115JSection 144Section 250(4)Section 37Section 46A

exists in the Act. The AR referred the correct provision is Rule 46A of the Income Tax Rules, 1962, which deals with the admission of additional evidence by CIT(A). The AR further stated that the CIT(A) has not admitted additional evidence under Rule 46A of I.T. Rules ... most expenses by way of a remand report dated 19.07-2023. iv. Since the AO had full opportunity to verify the documents, the admission of additional evidence does not violate Rule 46A. The Asstt. CIT vs. H.V. Infratex Ltd. Asst. Year : 2016-17 6 8.1. Therefore, we find no merit