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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

Income Tax Officer 4(3)(3), Mumbai vs. Sajjan Kumar Bajoria, Mumbai

The appeal stand dismissed

ITA 7354/MUM/2017[2013-14]Status: DisposedITAT Mumbai20 Jan 2021AY 2013-14

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) आयकरअपील सं./ I.T.A. No.7354/Mum/2017 (िनधा"रण वष" / Assessment Year: 2013-14) Income Tax Officer-4(3)(3) Shri Sajjan Kumar Bajoria बनाम/ Room No.637, 6Th Floor 384-B, Dabholkarwadi, 3Rd Floor Vs. Aaykar Bhawan, Mumbai-400 020. Kalbadevi, Mumbai-400 002. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aiepb-2732-L (अपीलाथ"/Appellant) (""थ" / Respondent) : & आयकरअपील सं./ I.T.A. No.7355/Mum/2017 (िनधा"रण वष" / Assessment Year: 2014-15) Income Tax Officer-4(3)(3) Smt. Sushila Devi Bajoria बनाम/ Room No.637, 6Th Floor 384-B, Dabholkarwadi, 3Rd Floor Vs. Aaykar Bhawan, Mumbai-400 020. Kalbadevi, Mumbai-400 002. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aiepb-2731-K (अपीलाथ"/Appellant) (""थ" / Respondent) : Assessee By : Shri Hariom Tulsiyani – Ld. Ar Revenue By : Shri T.S. Khalsa- Ld. Sr. Dr सुनवाई की तारीख/ : 07/01/2021 Date Of Hearing घोषणा की तारीख / : 20/01/2021 Date Of Pronouncement

For Appellant: Shri Hariom Tulsiyani – Ld. ARFor Respondent: Shri T.S. Khalsa- Ld. Sr. DR
Section 10(38)Section 143(3)Section 68

common. 4.5 Another observation was that the statement made by Shri Prakash Jajodia u/s 133A during the course of survey proceedings would have no evidentiary value unless corroborated with cogent material and the same could not form the basis of addition in case of third-parties as held ... merely on the basis of statement of Shri Prakash Jajodia. Firstly, this statement was made u/s 133A during survey operations which would have no evidentiary value unless backed by cogent corroborative material on record. Secondly, the opportunity to cross-examine the persons making adverse statement was never provided

Smt. Muktaben Nishantbhai Patel, Ankleshwar vs. Income Tax Officer Ward -2(2), Bharuch

In the result, the appeals filed by the assessee (In ITA No

ITA 6/SRT/2019[2013-14]Status: DisposedITAT Surat07 Jan 2021AY 2013-14

Bench: Shri Pawan Singh, Jm & Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.05 & 06/Srt/2019 ("नधा"रणवष" / Assessment Year: (2013-14) (Virtual Court Hearing) Shri Nishantkantilal Patel, Vs. Income Tax Officer, 9, Uma Park Society, Near Uma Ward-2(2), Bharuch. Bhavan, Bharuch-393002. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Amepp2505R (Assessee) (Respondent) Smt Muktabennishantbhai Patel, Vs. Income Tax Officer, 9-10, Patel Kubj, Uma Park Society, B/H Ward-2(2), Bharuch. Uma Bhavan, Old Nh No.8, Gidc, Zadeshwar, Ankleshwar -393002. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Binpp5922N (Assessee) (Respondent) आयकरअपीलसं./Ita Nos.07 & 10/Srt/2019 ("नधा"रणवष" / Assessment Year: (2014-15)

For Appellant: Shri Rasesh Shah -CAFor Respondent: Ms Anupama Singhla -Sr. DR
Section 10(38)Section 143(3)Section 147Section 148Section 68Section 69C

133A of the Act but without any supporting material or any materiel impounded in the course of survey. Statements of this nature have no evidentiary value as held by Hon'ble Supreme Court in S Kader Khan and other cases. We also find that name of the stock broker ... 133A of the Act without any supporting material or any material impounded in the course of survey. Statements of this nature have no evidentiary value. This way, ld Counsel prayed the Bench that addition made by the assessing officer may be deleted. 38. Ms Anupama Singla, Learned Departmental Representative

Shri Nishant Kantilal Patel, Bharuch vs. Income Tax Officer, Ward-2(2), Bharuch

In the result, the appeals filed by the assessee (In ITA No

ITA 5/SRT/2019[2013-14]Status: DisposedITAT Surat07 Jan 2021AY 2013-14

Bench: Shri Pawan Singh, Jm & Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.05 & 06/Srt/2019 ("नधा"रणवष" / Assessment Year: (2013-14) (Virtual Court Hearing) Shri Nishantkantilal Patel, Vs. Income Tax Officer, 9, Uma Park Society, Near Uma Ward-2(2), Bharuch. Bhavan, Bharuch-393002. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Amepp2505R (Assessee) (Respondent) Smt Muktabennishantbhai Patel, Vs. Income Tax Officer, 9-10, Patel Kubj, Uma Park Society, B/H Ward-2(2), Bharuch. Uma Bhavan, Old Nh No.8, Gidc, Zadeshwar, Ankleshwar -393002. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Binpp5922N (Assessee) (Respondent) आयकरअपीलसं./Ita Nos.07 & 10/Srt/2019 ("नधा"रणवष" / Assessment Year: (2014-15)

For Appellant: Shri Rasesh Shah -CAFor Respondent: Ms Anupama Singhla -Sr. DR
Section 10(38)Section 143(3)Section 147Section 148Section 68Section 69C

133A of the Act but without any supporting material or any materiel impounded in the course of survey. Statements of this nature have no evidentiary value as held by Hon'ble Supreme Court in S Kader Khan and other cases. We also find that name of the stock broker ... 133A of the Act without any supporting material or any material impounded in the course of survey. Statements of this nature have no evidentiary value. This way, ld Counsel prayed the Bench that addition made by the assessing officer may be deleted. 38. Ms Anupama Singla, Learned Departmental Representative

Shri Nishant Kantilal Patel, Bharuch vs. Income Tax Officer, Ward-2(2), Bharuch

In the result, the appeals filed by the assessee (In ITA No

ITA 10/SRT/2019[2014-15]Status: DisposedITAT Surat07 Jan 2021AY 2014-15

Bench: Shri Pawan Singh, Jm & Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.05 & 06/Srt/2019 ("नधा"रणवष" / Assessment Year: (2013-14) (Virtual Court Hearing) Shri Nishantkantilal Patel, Vs. Income Tax Officer, 9, Uma Park Society, Near Uma Ward-2(2), Bharuch. Bhavan, Bharuch-393002. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Amepp2505R (Assessee) (Respondent) Smt Muktabennishantbhai Patel, Vs. Income Tax Officer, 9-10, Patel Kubj, Uma Park Society, B/H Ward-2(2), Bharuch. Uma Bhavan, Old Nh No.8, Gidc, Zadeshwar, Ankleshwar -393002. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Binpp5922N (Assessee) (Respondent) आयकरअपीलसं./Ita Nos.07 & 10/Srt/2019 ("नधा"रणवष" / Assessment Year: (2014-15)

For Appellant: Shri Rasesh Shah -CAFor Respondent: Ms Anupama Singhla -Sr. DR
Section 10(38)Section 143(3)Section 147Section 148Section 68Section 69C

133A of the Act but without any supporting material or any materiel impounded in the course of survey. Statements of this nature have no evidentiary value as held by Hon'ble Supreme Court in S Kader Khan and other cases. We also find that name of the stock broker ... 133A of the Act without any supporting material or any material impounded in the course of survey. Statements of this nature have no evidentiary value. This way, ld Counsel prayed the Bench that addition made by the assessing officer may be deleted. 38. Ms Anupama Singla, Learned Departmental Representative