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“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

Onward Technologies Ltd, Mumbai vs. DCIT 7(1), Mumbai

In the result, the assessee’ appeal stand partly allowed whereas the revenue’s appeal stands dismissed

ITA 266/MUM/2014[2008-09]Status: DisposedITAT Mumbai02 Aug 2021AY 2008-09

Bench: Hon’Ble Shri Amarjit Singh, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) आयकरअपील सं./ I.T.A. No.266/Mum/2014 (धििाारण वर्ा / Assessment Year: 2008-09) & आयकरअपील सं./ I.T.A. No.1785/Mum/2014 (धििाारण वर्ा / Assessment Year: 2009-10) Onward Technologies Limited Dcit-7(1) Sterling Centre, 2Nd Floor Room No.622, 6Th Floor बिाम/ Dr. Annie Besant Road Aaykar Bhavan, M.K. Marg Vs. Worli, Mumbai-400 018 Mumbai-400 020 स्थायीलेखासं./जीआइआरसं./ Pan/Gir No. Aaaco-3742-J (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : & आयकरअपील सं./ I.T.A. No.1793/Mum/2014 (धििाारण वर्ा / Assessment Year: 2009-10) Dcit-7(1) Onward Technologies Limited Room No.622, 6Th Floor बिाम/ Sterling Centre, 2Nd Floor Aaykar Bhavan, M.K. Marg Dr. Annie Besant Road Vs. Mumbai-400 020 Worli, Mumbai-400 018 स्थायीलेखासं./जीआइआरसं./ Pan/Gir No. Aaaco-3742-J (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : Assessee By : S/Shri J.P. Bairagra & Ashish Bairagra - Ld. Ars Revenue By : Shri Manpreet S. Duggal- Ld. Sr. Dr सुनवाई की तारीख/ : 23/07/2021 Date Of Hearing घोषणा की तारीख / : 02/08/2021 Date Of Pronouncement

For Appellant: S/Shri J.P. Bairagra & Ashish Bairagra - Ld. ARsFor Respondent: Shri Manpreet S. Duggal- Ld. Sr. DR
Section 10ASection 92Section 92B

could not furnish any tangible evidence or any satisfactory explanation with respect to receipt of services. The invoice would not carry any evidentiary value since it does not indicate as to for whom the services were rendered by Orasoft and also do not indicate the nature of software for which

Shri Dholumal Alias Dholan Das Khatwani, Jaipur vs. Income Tax Officer, Ward-3-2, Jaipur

In the result, this appeal of the assessee is allowed partly

ITA 533/JPR/2019[2010-11]Status: DisposedITAT Jaipur30 Jun 2021AY 2010-11

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 533/Jp/2019 Fu/Kzkj.K O"Kz@Assessment Year :2010-11 Shri Dholumal Alias Dholan Das Cuke I.T.O., Vs. Khatwani, Ward-3(2), 129, Bani Park, Jaipur. Jaipur. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Adrpk 6555 C Appellant Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By: Shri K.L. Moolchandani (Ca) Jktlo Dh Vksj Ls@ Revenue By: Smt. Monisha Choudhary (Jcit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 22/06/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 30/06/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. This Is The Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A)-I, Jaipur Dated 07/03/2019 For The A.Y. 2010-11. The Grounds Taken By The Assessee Are As Under: “1(A) On The Facts & In The Circumstances Of The Case, The Authorities Below Have Erred In Holding The View That The Statutory Notice U/S 147/148 Of The Act Issued In 'Incorrect' Name Is A Valid Notice. The Statutory Notice Issued In Incorrect Name Is Patently An Invalid Notice As Per Provisions Of Law & The Same Deserves To Be Quashed. 1(B) On The Facts & In The Circumstances Of The Case The Authorities Below Have Factually & Legally Erred In Turning Down The Various Objections Of The Appellant Regarding Initiation Of The Re-Assessment Proceedings U/S 147/148 Of The Act Without Appreciating The Facts Of The Case In Right Perspective & Also Without Addressing The Points At Issue. Thus The Findings Of The Authorities Below In This Regard Are Not Well Reasoned, The Same Deserve To Be Quashed Summarily.

For Appellant: Shri K.L. Moolchandani (CA)For Respondent: Smt. Monisha Choudhary (JCIT)
Section 132(4)Section 142(1)Section 147Section 148Section 269SSection 271DSection 3

forthcoming. In absence of such vital and relevant details, the papers and material under consideration are 'Deaf and Dumb' papers only and carry no evidentiary value as for all purposes and carry. The Authorities Below had however turned down this contention on the plea that 'Tabulated Sheets' cannot be considered ... Ahmedabad and forwarded to the assessee subsequently in the assessment proceedings were 'deaf and dumb document' for all the purposes and had carried no evidentiary value in absence of the 'corroborative evidences'. Number of vital details like 'Dates of Payments' & 'Re-payments' of the funds under consideration, the 'Money Receipts

Shri Kailash Chand Yadav, Sikar vs. Income Tax Officer, Ward, Neemkathana

In the result, this appeal of the assessee is allowed

ITA 173/JPR/2019[2014-15]Status: DisposedITAT Jaipur30 Jun 2021AY 2014-15

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 173/Jp/2019 Fu/Kzkj.K O"Kz@Assessment Year :2014-15 Shri Kailash Chand Yadav, Cuke I.T.O., Vs. S/O-Shri Chhotu Ram Yadav, Ward-Neemkathana Dhani Amar Singh Wali Mundru, Tehsil-Srimadhopur, Sikar. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Aiupy 2977 J Appellant Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By: Shri Shravan Kr. Gupta (Adv) Jktlo Dh Vksj Ls@ Revenue By: Smt. Monisha Choudhary(Addl.Cit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 25/06/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 30/06/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. This Is The Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A)-3, Jaipur Dated 23/01/2019 For The A.Y. 2014-15. The Grounds Taken By The Assessee Are As Under: “1. The Impugned Assessment Order U/S 143(3) Rws 147 Dated 19/12/2017 As Well As The Action Taken U/S 147/148 By The Ld. Ao Are Bad In Law, Invalid, Illegal & On Facts Of The Case, For Want Of Jurisdiction, Barred By Limitation & Various Other Reasons & Hence The Same May Kindly Be Quashed. 2. Rs.13,00,000/-: The Ld. Cit(A) Has Grossly Erred In Law As Well As On The Facts Of The Case In Confirming The Addition Of Rs. 13,00,000/- Made By The Ld. Ao On Account Of Cash Deposit Without Invoking Any Provision Of The It Act & By Ignoring The Material Evidences On Assumption Or Suspicion. Hence The Addition So Made By The Ld. Ao & Sustained By 2

For Appellant: Shri Shravan Kr. Gupta (Adv)For Respondent: Smt. Monisha Choudhary(Addl.CIT)
Section 143(3)Section 147Section 148Section 234

explained. There is no direct or indirect relation between the assessee company and the share applicants. The statements recorded during survey has got no evidentiary value and the law is very much settled on this issue. In any case, even under the provisions of Section