← All Phrases

“evidentiary value”

Natural JusticeEvidenceEvidence5,387 judgments

The decision most relied on for evidentiary value is Kishanchand Chellaram v. CIT (125 ITR 713), cited in 962 judgments on BharatTax.

Leading authorities on evidentiary value

Kishanchand Chellaram v. CIT
125 ITR 713 · 1980 · Supreme Court
962
citing judgments

Adverse material or evidence collected by the Assessing Officer behind the assessee's back, without providing it to the assessee or affording an opportunity for cross-examination, has no evidentiary value and cannot be relied upon to make additions.

Pullangode Rubber Produce Co. Ltd. v. State of Kerala
91 ITR 18 · 1973 · Supreme Court
666
citing judgments

Admissions, whether made through entries in account books or statements, are important pieces of evidence but are not conclusive. An assessee has the right to demonstrate that an admission made by them is incorrect or can be retracted.

CIT v. S. Khader Khan Son
352 ITR 480 · 2013 · Supreme Court
581
citing judgments

Statements recorded during a survey under Section 133A do not have evidentiary value as Section 133A does not empower examination on oath. Consequently, additions to income cannot be made solely based on such uncorroborated statements without other credible evidence.

Society v. UOI
394 ITR 220 · 2017 · Supreme Court
493
citing judgments

Uncorroborated loose papers or documents found during a search operation have no evidentiary value and cannot be the sole basis for determining undisclosed income. Additions based on such material require independent evidence to establish trustworthiness and a direct link to the assessee.

CIT v. S. Khader Khan Son
300 ITR 157 · 2008 · High Court
452
citing judgments

A statement recorded under duress during a survey, if subsequently retracted, has no evidentiary value and cannot be the sole basis for an income-tax assessment; the assessment should instead rely on audited accounts.

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.

Omar Salay Mohamed Sait v. CIT
37 ITR 151 · 1959 · Supreme Court
372
citing judgments

An income tax assessment or addition cannot be made based solely on suspicion, surmises, or conjectures. The income tax department requires evidence or material to justify an addition, as suspicion, however strong, does not constitute proof.

CIT v. R. Nalini Devi ITTA 232 of 2013 (A. P)
294 ITR 49 · 2007 · Supreme Court
299
citing judgments

Additions to income cannot be made solely based on uncorroborated third-party statements, documents, or loose sheets seized during a search, and such evidence requires the assessee to be provided with an opportunity for cross-examination.

Judgments citing evidentiary value

ACIT, Central Circle-2(2), Hyderabad vs. Devender Rao Gorukanti, Hyderabad

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

ITA 439/HYD/2022[2021-2022]Status: DisposedITAT Hyderabad31 May 2023AY 2021-2022

Bench: Shri Rama Kanta Panda & Shri Laliet Kumarassessment Year: 2021-22 Acit,Cc-2(2) Vs Devender Rao Gourkanti Room No.616,6Th Floor . H.No.8-2-293/82/Nl/231 Aaykar Bhawan Mla Mp Colony Basheerbagh Jubilee Hills Hyderabad-500 004 Hyderabad-500 033 Pan : Akepg7452N (Appellant) (Respondent) Assessee By: Shri H.Srinivasulu Revenue By: Shri K.P.R.R.Murthy, Sr.Ar Date Of Hearing: 20.03.2023 Date Of Pronouncement: 31.05.2023 O R D E R Per Shri Rama Kanta Panda (A.M.): This Appeal Filed By The Assessee Is Directed Against The Order Dated 16.06.2022 Of The Learned Commissioner Of Income Tax (Appeals)-12, Hyderabad Relating To Ay 2021-22. 2. Facts Of The Case, In Brief, Are That The Assessee Is An Individual & Partner In M/S. Yashoda Helathcare Services Pvt.Ltd & Derives Partner’S Remuneration & Interest On Capital. He Filed His Original Return Of Income On 28.12.2021 Declaring Total Income Of Rs.8,56,33,070/- A Search & Seizure Operation U/S. 132 Of The I.T. Act Was Conducted In The Case Of Yashoda Group On 22.12.2020, During Which The Case Of The Assessee Was Also Covered. In Response To Notice U/S. 153A Of The I.T.Act,The Assessee Filed His Return Of Income Admitting Additional

For Appellant: Shri H.SrinivasuluFor Respondent: Shri K.P.R.R.Murthy, Sr.AR
Section 115BSection 132Section 132(4)Section 153ASection 34

income from real-estate. No evidence was brought on record to disprove the statements made by the assessee u/s. 132(4) which has got evidentiary value. He submitted that the AO in a summary manner and without conducting any enquiry rejected the various evidences filed by the assessee merely ... supra) at para 7 of the order has observed as under:- “7. Coming to the substantial questions of law relating to admissibility, relevancy and evidentiary value of statement obtained under section 132(4) of the Income-tax Act, 1961 this court is of the view that the same

Chetan Lachmandas Bhatia, Mumbai vs. ITO (It)-1(2)(1), Mumbai

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

ITA 386/MUM/2023[2014-15]Status: DisposedITAT Mumbai29 May 2023AY 2014-15

Bench: Shri Om Prakash Kant & Shri Narender Kumar Choudhrychetan Lachmandas Ito, Bhatia, C-309, 3Rd (International बनाम/ Floor, Atul Nagar Tower, Tax)-1(2)(1), Vs. Mathwadas, Ext. Road, Mumbai. Irani Wadi No.3, Kandivali West, Mumbai-400067. "थायीलेखासं./जीआइआरसं./Pan/Gir No. : Aotpb9588F (""थ" / Respondent) (अपीलाथ"/Appellant) अपीलाथ" ओर से/ Appellant By : Ms. Chaitee Londhe, Ca ""थ" की ओर से/Respondentby: Shri Ram Prakash Rastogi, Sr.Ar सुनवाई की तारीख/ Date Of Hearing 17/05/2023 घोषणा की तारीख /Date Of Pronouncement 29/05/2023 आदेश / Order Per Om Prakash Kant- Am: This Appeal Filed By The Assessee Is Directed Against The Final Assessment Order Dated 13.12.2022 Passed By Ito, International Tax-1(2)(1), Mumbai ( In Short ‘ The Assessing Officer) For Assessment Year (“Ay”) 2014-15, Pursuant To The Direction Of Ld. Dispute Resolution Panel (“Drp”) Dated 28.11.2022. The Grounds Raised By The Assessee Alongwith Form No.36 Were Revised By The Assessee. The Revised Grounds Are Reproduced As Under:-

For Appellant: Ms. Chaitee Londhe, CAFor Respondent: Shri Ram Prakash Rastogi, Sr.AR
Section 147Section 148

light on these transactions under consideration which have taken place prior to execution of the will. Therefore, in our view this will has no evidentiary value for deciding the issue before us. 5.2.14. The Hon'ble jurisdictional High Court of Bombay in the case of Naresh K. Pahuja vs. Income