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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

Syama Prasad Mookerjee Port, Kolkata vs. DCIT, Cir. 34, Kolkata

In the result, appeal of the assessee in ITA No

ITA 1412/KOL/2023[2020-21]Status: DisposedITAT Kolkata08 Apr 2024AY 2020-21

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 1411 & 1412/Kol/2023 Assessment Year: 2018-19 & 2020-21 Syama Prasad Mookerjee Port Deputy Commissioner Of Vs Income Tax, Circle -34, 15, Strand Road Kolkata - 700001 Kolkata [Pan : Aaajk0361L] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri K. M. Sundaram, C.A. Revenue By : Shri Rakesh Kumar Das, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 21/02/2024 घोषणा क" तारीख /Date Of Pronouncement: 08/04/2024 आदेश/O R D E R Per Bench : Both These Appeals Are Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre - Delhi (Hereinafter The “Ld. Cit(A)”) Dt. 27/10/2023 For The Assessment Year 2018-19 & Dt. 06/11/2023 For The Assessment Year 2020-21 Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”). 2. The Assessee Has Raised The Following Grounds Of Appeal For Assessment Year 2018-19:- “1. Disallowance Of Rs.68,13,600 U/S 14A R.W.R. 8D(2)(Ii) Is Liable To Be Deleted For The Following Reasons Since The Undisputedly The Appellant Had Nil Exempt Income & That The Entire Investments Are Made In Port Related Strategic Entities Out Of Its Own Funds. A) As Duly Mentioned In Paragraph No.8.7 Of The Impugned Order, The Issue Of Whether The Explanation To Section 14A Inserted W.E.F. 01.04.2022 Is Prospective Or Retrospective Is Not Settled & Hon'Ble High Court Of Delhi Has Held It To Be Applicable Prospectively, Namely W.E.F. Ay 2022-23, Which Subsequent To The Subject Ay 2018-19. 2

For Appellant: Shri K. M. Sundaram, C.AFor Respondent: Shri Rakesh Kumar Das, CIT, D/R
Section 14ASection 250Section 41(1)

proceedings to examine the transactions under Section 41(1) of the Act. Considering the prayer of the ld. Counsel for the assessee for admission of additional evidence under Rule 29 of the Income tax Rules and also considering the facts which prima facie suggests that there was no liability

Syama Prasad Mookerjee Port, Kolkata vs. DCIT, Cir. 34, Kolkata

In the result, appeal of the assessee in ITA No

ITA 1411/KOL/2023[2018-19]Status: DisposedITAT Kolkata08 Apr 2024AY 2018-19

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 1411 & 1412/Kol/2023 Assessment Year: 2018-19 & 2020-21 Syama Prasad Mookerjee Port Deputy Commissioner Of Vs Income Tax, Circle -34, 15, Strand Road Kolkata - 700001 Kolkata [Pan : Aaajk0361L] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri K. M. Sundaram, C.A. Revenue By : Shri Rakesh Kumar Das, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 21/02/2024 घोषणा क" तारीख /Date Of Pronouncement: 08/04/2024 आदेश/O R D E R Per Bench : Both These Appeals Are Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre - Delhi (Hereinafter The “Ld. Cit(A)”) Dt. 27/10/2023 For The Assessment Year 2018-19 & Dt. 06/11/2023 For The Assessment Year 2020-21 Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”). 2. The Assessee Has Raised The Following Grounds Of Appeal For Assessment Year 2018-19:- “1. Disallowance Of Rs.68,13,600 U/S 14A R.W.R. 8D(2)(Ii) Is Liable To Be Deleted For The Following Reasons Since The Undisputedly The Appellant Had Nil Exempt Income & That The Entire Investments Are Made In Port Related Strategic Entities Out Of Its Own Funds. A) As Duly Mentioned In Paragraph No.8.7 Of The Impugned Order, The Issue Of Whether The Explanation To Section 14A Inserted W.E.F. 01.04.2022 Is Prospective Or Retrospective Is Not Settled & Hon'Ble High Court Of Delhi Has Held It To Be Applicable Prospectively, Namely W.E.F. Ay 2022-23, Which Subsequent To The Subject Ay 2018-19. 2

For Appellant: Shri K. M. Sundaram, C.AFor Respondent: Shri Rakesh Kumar Das, CIT, D/R
Section 14ASection 250Section 41(1)

proceedings to examine the transactions under Section 41(1) of the Act. Considering the prayer of the ld. Counsel for the assessee for admission of additional evidence under Rule 29 of the Income tax Rules and also considering the facts which prima facie suggests that there was no liability

Dushyantsinh Yadvendrasinh Chudasama, Ahmedabad vs. The DCIT, Circle-1(2), Vadodara

The appeals of the assessee are treated as allowed for statistical purposes

ITA 199/AHD/2022[2013-14]Status: DisposedITAT Ahmedabad05 Apr 2024AY 2013-14

Bench: Smt.Annapurna Gupta & Shri T.R. Senthil Kumarita Nos: 198 & 199/Ahd/2022 Asst. Years: 2012-13 & 2013-14 Shri Dushyantsinh The Dcit Yadvendrasinh Chudasama Vs Circle-1(2) R.S. No.175/11/2 Vadodara Valavav Salvi Timba Road, Savli, Vadodara -391 774, Gujarat Pan : Acrpc1888M (Appellant) (Respondent) Assessee By : Ms. Kinjal Shah, Ar Revenue By : Shri Prateek Sharma, Sr.Dr Date Of Hearing: 27/03/2024 Date Of Pronouncement: 05/04/2024 आदेश/O R D E R Per T.R. Senthil Kumarboth The Above Appeals Are Filed By The Assessee As Against Separate Appellate Orders Both Dated 25.03.2022 Passed By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac)-Delhi [Hereinafter Referred To As “Ld. Cit(A)”] Arising Out Of Separate Assessment Orders Passed Under Section 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) Relating To The Assessment Years 2012-13 & 2013-14. Since Common Issues Are Involved In Both The Appeals (Except Change In Figures), These Were Heard Together & The Same Are Disposed Of By This Common Order.

For Appellant: Ms. Kinjal Shah, ARFor Respondent: Shri Prateek Sharma, Sr.DR
Section 143(3)Section 250Section 68

inclined to take up the grounds taken by the assessee on merits. With regard to grounds taken by the assessee, regarding admission of Additional evidences, the assessee may file the same before the Ld CIT(A), who will decide about the admissibility of those evidences in accordance with Rule

Dushyantsinh Yadvendrasinh Chudasama, Ahmedabad vs. The DCIT, Circle-1(2), Vadodara

The appeals of the assessee are treated as allowed for statistical purposes

ITA 198/AHD/2022[2012-13]Status: DisposedITAT Ahmedabad05 Apr 2024AY 2012-13

Bench: Smt.Annapurna Gupta & Shri T.R. Senthil Kumarita Nos: 198 & 199/Ahd/2022 Asst. Years: 2012-13 & 2013-14 Shri Dushyantsinh The Dcit Yadvendrasinh Chudasama Vs Circle-1(2) R.S. No.175/11/2 Vadodara Valavav Salvi Timba Road, Savli, Vadodara -391 774, Gujarat Pan : Acrpc1888M (Appellant) (Respondent) Assessee By : Ms. Kinjal Shah, Ar Revenue By : Shri Prateek Sharma, Sr.Dr Date Of Hearing: 27/03/2024 Date Of Pronouncement: 05/04/2024 आदेश/O R D E R Per T.R. Senthil Kumarboth The Above Appeals Are Filed By The Assessee As Against Separate Appellate Orders Both Dated 25.03.2022 Passed By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac)-Delhi [Hereinafter Referred To As “Ld. Cit(A)”] Arising Out Of Separate Assessment Orders Passed Under Section 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) Relating To The Assessment Years 2012-13 & 2013-14. Since Common Issues Are Involved In Both The Appeals (Except Change In Figures), These Were Heard Together & The Same Are Disposed Of By This Common Order.

For Appellant: Ms. Kinjal Shah, ARFor Respondent: Shri Prateek Sharma, Sr.DR
Section 143(3)Section 250Section 68

inclined to take up the grounds taken by the assessee on merits. With regard to grounds taken by the assessee, regarding admission of Additional evidences, the assessee may file the same before the Ld CIT(A), who will decide about the admissibility of those evidences in accordance with Rule