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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

Agarwal Sponge & Energy Private Limited, Hyderabad vs. Dy. Commissioner of Income Tax, Circle-1(1), Hyderabad

The appeal are dismissed

ITA 59/HYD/2018[2010-11]Status: DisposedITAT Hyderabad28 Jun 2024AY 2010-11

Bench: Shri K. Narasimha Chary & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.59/Hyd/2018 (निर्धारण वर्ा/Assessment Year: 2010-11) M/S. Agarwal Sponge & Vs. Dy. C. I. T. Energy (P) Ltd., Circle 1(1) Hyderabad Hyderabad Pan:Aaeca8680P (Respondent) (Appellant) निर्धाररती द्वधरध/Assessee By: Shri Sunil Kumar Jain, Ca रधजस्‍व द्वधरध/Revenue By:: Ms. Sheetal Sarin, Dr सुिवधई की तधरीख/Date Of Hearing: 27/05/2024 घोर्णध की तधरीख/Pronouncement: 28/06/2024 आदेश / Order Per Madhusudan Sawdia, A.M: This Appeal Is Filed By Agarwal Sponge & Energy (P) Ltd. (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals)-1, Hyderabad (“Ld.Cit(A)”) Dated 31.08.2017 For A.Y.2010-11. 2. The Assessee Has Raised The Following Concise Grounds: "1. The Order Of The Learned Cit(A) Dated 31/8/2017 Is Contrary To Law & Facts.

For Appellant: Shri Sunil Kumar Jain, CAFor Respondent: : Ms. Sheetal Sarin, DR
Section 115JSection 143(3)Section 234ASection 43

before the Ld.CIT(A) as enclosure on page No.24 of the petition under Rule 46A filed with the Ld.CIT(A) for the admission of additional evidence. However, without verifying the same the Ld. CIT(A) disallowed the claim of the assessee. Hence the Ld. AR requested the Bench to delete

M/S. Alang Metal Exim Pvt. Limited., Bhavnagar vs. ACIT, Circle-1, Bhavnagar

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

ITA 2329/AHD/2018[2012-13]Status: DisposedITAT Ahmedabad19 Jun 2024AY 2012-13

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar, Accountnat Member Assessment Year : 2012-13 M/S.Alang Metal Exim Pvt.Ltd. The Acit Shop No.3, Arpan Flat Vs Circle-1 Shishuvihar Circle, Bhavnagar Bhavnagar – 364 001 (Gujarat) Pan:Aaeca 9651 Q ….. अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Tushar Hemani, Sr.Adv. & Shri Parimalsinh B. Parmar, Ar Revenue By : Shri Sudhendu Das, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 13 /06/2024 घोषणा क" तार"ख /Date Of Pronouncement: 19/06/2024 आदेश/O R D E R Per Makarand V. Mahadeokarthis Appeal Is Filed By The Assessee Against The Order Dated 20-9-2018 Passed By The Ld.Commissioner Of Income Tax (Appeals)–6, Ahmedabad [Hereinafter Referred To As “The Ld.Cit(A)”] In Confirming The Addition Of Rs.7,00,00,000/- Under Section 68 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) & Disallowance Of Rs.3,30,000/- Out Of Loading & Unloading Charges Made By The Assessing Officer (Hereinafter Referred To As “Ao”) In His Assessment Order Passed Under Section 143(3) Of The Act For The Assessment Year (Ay) 2012-13. M/S.Alang Metal Exim Pvt.Ltd. Vs. Acit Asst. Year : 2012-13

For Appellant: Shri Tushar Hemani, Sr.Adv. &For Respondent: Shri Sudhendu Das, CIT-DR
Section 143(3)Section 68

cause from producing before the AO these documents and reasons were beyond control of the assessee. The Ld.CIT(A) forwarded the application for admission of additional evidence to the AO. The AO in his remand report stated that since the case is not covered by exceptional circumstances as mentioned

Cook India Medical Devices Private Limited, Chennai vs. DCIT Corp Circle-1(2), Chennai

In the result, the appeals of the assessee are allowed for statistical purposes

ITA 441/CHNY/2024[2016-17]Status: DisposedITAT Chennai19 Jun 2024AY 2016-17

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita Nos. 1310 & 1311/Chny/2023 & Ita No.441/Chny/2024 (िनधा"रणवष" / Assessment Years:2014-15, 2015-16 & 2016-2017) M/S. Cook India Medical Devices Vs. The Deputy Commissioner Of Private Limited, Income Tax, Plot No.22, Sp, 3Rd & 4Th Floor, Corporate Circle 1(2) Kochar Jade, Chennai. Thiru-Vi-Ka Industrial Estate, Guindy, Chennai 600 032. [Pan: Aaccc 7628P] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri. R. Vijayaraghavan, Advocate ""यथ" क" ओर से /Respondent By : Shri. R. Mukundan, Irs, Jcit.

For Appellant: Shri. R. Vijayaraghavan, AdvocateFor Respondent: Shri. R. Mukundan, IRS, JCIT

appellant craves leave to file additional grounds at the time of hearing’’. 3. Ld.Counsel for the appellant submitted a petition for admission of additional evidence under Rule 29 of the Income Tax (Appellate Tribunal) Rules, 1963 in all three appeals with regard to conference/meeting expenses and sponsorship meetings ... well as before the learned CIT(A), are now available. Hence, in the light of averments made in the petition he prayed for admission of additional evidence filed in the form of paper books for each year. & ITA No.441/CHNY/2024 4. In support of petition for additional evidence, Ld. Counsel referred

Cook India Medical Devices Private Limited, Chennai vs. DCIT, Corporate Circle-1(2), Chennai

In the result, the appeals of the assessee are allowed for statistical purposes

ITA 1311/CHNY/2023[2015-16]Status: DisposedITAT Chennai19 Jun 2024AY 2015-16

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita Nos. 1310 & 1311/Chny/2023 & Ita No.441/Chny/2024 (िनधा"रणवष" / Assessment Years:2014-15, 2015-16 & 2016-2017) M/S. Cook India Medical Devices Vs. The Deputy Commissioner Of Private Limited, Income Tax, Plot No.22, Sp, 3Rd & 4Th Floor, Corporate Circle 1(2) Kochar Jade, Chennai. Thiru-Vi-Ka Industrial Estate, Guindy, Chennai 600 032. [Pan: Aaccc 7628P] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri. R. Vijayaraghavan, Advocate ""यथ" क" ओर से /Respondent By : Shri. R. Mukundan, Irs, Jcit.

For Appellant: Shri. R. Vijayaraghavan, AdvocateFor Respondent: Shri. R. Mukundan, IRS, JCIT

appellant craves leave to file additional grounds at the time of hearing’’. 3. Ld.Counsel for the appellant submitted a petition for admission of additional evidence under Rule 29 of the Income Tax (Appellate Tribunal) Rules, 1963 in all three appeals with regard to conference/meeting expenses and sponsorship meetings ... well as before the learned CIT(A), are now available. Hence, in the light of averments made in the petition he prayed for admission of additional evidence filed in the form of paper books for each year. & ITA No.441/CHNY/2024 4. In support of petition for additional evidence, Ld. Counsel referred

Cook India Medical Devices Private Limited, Chennai vs. DCIT, Corporate Circle-1(2), Chennai

In the result, the appeals of the assessee are allowed for statistical purposes

ITA 1310/CHNY/2023[2014-15]Status: DisposedITAT Chennai19 Jun 2024AY 2014-15

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita Nos. 1310 & 1311/Chny/2023 & Ita No.441/Chny/2024 (िनधा"रणवष" / Assessment Years:2014-15, 2015-16 & 2016-2017) M/S. Cook India Medical Devices Vs. The Deputy Commissioner Of Private Limited, Income Tax, Plot No.22, Sp, 3Rd & 4Th Floor, Corporate Circle 1(2) Kochar Jade, Chennai. Thiru-Vi-Ka Industrial Estate, Guindy, Chennai 600 032. [Pan: Aaccc 7628P] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri. R. Vijayaraghavan, Advocate ""यथ" क" ओर से /Respondent By : Shri. R. Mukundan, Irs, Jcit.

For Appellant: Shri. R. Vijayaraghavan, AdvocateFor Respondent: Shri. R. Mukundan, IRS, JCIT

appellant craves leave to file additional grounds at the time of hearing’’. 3. Ld.Counsel for the appellant submitted a petition for admission of additional evidence under Rule 29 of the Income Tax (Appellate Tribunal) Rules, 1963 in all three appeals with regard to conference/meeting expenses and sponsorship meetings ... well as before the learned CIT(A), are now available. Hence, in the light of averments made in the petition he prayed for admission of additional evidence filed in the form of paper books for each year. & ITA No.441/CHNY/2024 4. In support of petition for additional evidence, Ld. Counsel referred