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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

Ratnagiri.ITO1@Incometax.Gov.in, Ratnagiri vs. Mangala Hari Ingale, Pune

In the result, appeal of the Revenue is Partly Allowed for Statistical Purpose

ITA 1056/PUN/2023[2018-19]Status: DisposedITAT Pune02 Apr 2024AY 2018-19

Bench: Shri Partha Sarathi Chaudhury & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.1056/Pun/2023 िनधा"रण वष" / Assessment Year : 2018-19 The Income Tax Officer-1, Mangala Hari Ingale, Ratnagiri. V G-1604, Empire Square, Near S Auto Cluster Chinchwad East, Pune City, Chinchwad East S.O., Pune – 411019. Pan: Aaipi0141G Appellant / Revenue Respondent / Assessee Assessee By None. Revenue By Shri Ramnath P Murkunde – Dr Date Of Hearing 01/04/2024 Date Of Pronouncement 02/04/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Revenue Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 Dated 14.08.2023. The Revenue For A.Y.2018-19 Has Raised The Following Grounds Of Appeal : “I. The Ld.Cit(Appeals) Erred In Accepting The Self-Serving Documents Not Corroborated By Evidence & Which Had Not Stood The Test Of Enquiries In Assessment Proceedings. Ii. The Ld.Cit(Appeals) Erred In Not Allowing The Ao To Examine The Additional Evidence Admitted By Him As Per The Provisions U/S Mangala Hari Ingale [R]

Section 112Section 250Section 69

Officer) under clause (a) of sub-section (1) of section 251 or the imposition of penalty under section 271. 3.3 The procedure for admission of additional evidence is provided in Rule 46A of the Income Tax Rules. As per Rule 46A, it was mandatory for ld.CIT(A) to provide opportunity

Saptarshi Realtors Pvt Ltd, Mumbai vs. Income Tax Officer-Ward 8 (1)(1), Mumbai

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

ITA 3291/MUM/2022[2013-14]Status: DisposedITAT Mumbai22 Mar 2024AY 2013-14

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm Saptarshi Realtors Private The Income Tax Officer Limited Ward 8(1)(1) Room No.651, 6Th Floor, 5, 40-45 Kamar Mansion, Aaykar Bhavan, Nanabhai Raralkar Marg, Vs. M.K. Road, Paral Village, Mumbai-400 020 Mumbai-400 012 (Appellant) (Respondent) Pan No. Aaacm6828M Saptarshi Realtors Private The Income Tax Officer Limited Ward 8(1)(1) Room No.651, 6Th Floor, 5, 40-45 Kamar Mansion, Nanabhai Raralkar Marg, Aaykar Bhavan, Vs. Paral Village, M.K. Road, Mumbai-400 020 Mumbai-400 012 (Appellant) (Respondent) Assessee By : Shri Advocate Devendra Jain, Ar Revenue By : Shri Manoj Kumar Singh, Sr Dr Date Of Hearing: 14.03.2024 Date Of Pronouncement : 22.03.2024

For Appellant: Shri Advocate Devendra JainFor Respondent: Shri Manoj Kumar Singh, SR DR
Section 143Section 250

shown as a trade payable and the people have deposited towards booking of the flats. For all these above submissions assessee prayed for admission of additional evidence by invoking the provisions of rule 46A of the income tax rules as per letter dated 14/2/2018. In the additional evidence assessee ... rejoinder which was submitted. The learned AO admitted the additional evidence. His finding is that the learned assessing Officer though has opposed admission of additional evidence on the ground that during assessment proceedings the assessee was provided sufficient opportunity to present its case with documentary evidence but assessee has failed

Servier India Private Limited (Formerly Known As Serdia Pharmaceuticals (I) P. Ltd), Mumbai vs. Addl CIT RG 7(2), Mumbai

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

ITA 6567/MUM/2011[2005-06]Status: DisposedITAT Mumbai11 Mar 2024AY 2005-06

Bench: Shri Vikas Awasthy & Ms. Padmavathy.Sआअसं.6567/मुं/2011 (िन.व. 2005-06) Servier India Private Limited [Formerly Known As Serdia Pharmaceuticals (India) Pvt.Ltd.] 1703, 17Th Floor, B Wing, Parinee Crescenzo, Plot Nos C-38/39, “G” Block, Behind Mca, Bkc, Bandra (E), Mumbai 400 051 Pan: Aaacs-6696-R ...... अपीलाथ"/Appellant बनाम Vs. Additional Commissioner Of Income Tax, Range-7(2), Mumbai, Aaykar Bhavan, M.K.Road, Mumbai – 400 020 ....."ितवादी/Respondent अपीलाथ" "ारा/Appellant By : Shri Mukesh Bhutani, Advocate With S/Shri Paras Savla & Pratik Poddar Advocates "ितवादी"ारा/Respondent By : S/Shri Manoj Kumar, Cit-Dr & Manoj Kumar Sinha, Sr. A.R , सुनवाई की ितिथ/ Date Of Hearing : 15/12/2023 घोषणा की ितिथ/ Date Of Pronouncement : 11/03/2024 आदेश/Order Per Vikas Awasthy, Jm:

For Appellant: Shri Mukesh Bhutani, Advocate with S/Shri Paras Savla & Pratik Poddar AdvocatesFor Respondent: S/Shri Manoj Kumar, CIT-DR and Manoj Kumar Sinha, Sr. A.R
Section 133(6)

supports the assessee’s argument that CUP cannot be taken as the most appropriate method. The ld.Counsel for the assessee thus, prayed for admission of additional evidence i.e. License Agreement between Les Laboratories Servier and the assessee. 6. The ld.Counsel for the assessee further submits that the assessee has also ... APIs in question viz-a-viz the comparable selected by the TPO. The ld.Counsel for the assessee in support of his arguments of admission of additional evidence placed reliance on the following decisions: (i) Tek Ram (dead) through L.Rs vs. CIT, 357 ITR 133(SC); (ii) Test Hundred India