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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

Manju Sharma, New Delhi vs. ITO Ward - 45(5), New Delhi

In the result, the appeal filed by the assessee is partly allowed

ITA 8275/DEL/2019[2014-15]Status: DisposedITAT Delhi23 Nov 2020AY 2014-15

Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year: 2014-15 Manju Sharma, Vs Ito, Wz-43B, Meenakshi Garden, Ward-45(5), New Delhi. New Delhi. Pan: Aatps2170A (Appellant) (Respondent) Assessee By : Shri Krishnan Sampath, Advocate Revenue By : Ms Rinku Singh, Sr. Dr Date Of Hearing : 03.11.2020 Date Of Pronouncement : 23.11.2020 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 05.09.2019 Passed By The Ld. Cit(A)-15, New Delhi, Relating To Assessment Year 2014-15. 2. Facts Of The Case, In Brief, Are That The Assessee Is An Individual & Is Proprietor Of M/S Eastern Galaxy Which Is Engaged In The Business Of Export Of Handicrafts & Decorative Items. She Filed Her Return Of Income On 29.11.2014 Declaring Taxable Income Of Rs.47,10,000/-. The Case Of The Assessee Was Selected For Limited Scrutiny Under Cass With The Reason That There Is “Large Increase In Sundry Creditors With Respect To Turnover As Compared To Preceding Year.”

For Appellant: Shri Krishnan Sampath, AdvocateFor Respondent: Ms Rinku Singh, Sr. DR
Section 131Section 142(1)Section 144ASection 68

later on. It was also noted that said statement was recorded in course of survey under section 133A and, consequently, did not have any evidentiary value. The Tribunal, thus, deleted the addition made by the authorities below. The Hon’ble High Court, while dismissing the appeal filed by the Revenue ... also noted that said statement was recorded in course of survey under section 133A and, consequently, did not 24 have any evidentiary value. The Tribunal, thus, deleted the addition made by the authorities below. The Hon’ble High Court noticed from records that the Tribunal passed this order after taking

Snj Distillers Pvt Ltd., Chennai vs. ACIT Central Circle-2(1), Chennai

In the result, the appeals filed by the Revenue for Asst

ITA 2993/CHNY/2019[2017-18]Status: DisposedITAT Chennai04 Nov 2020AY 2017-18

Bench: Shri Duvvuru Rl Reddy & Shri G. Manjunathaआयकर अपील सं./I.T.A.Nos.2703, 2704, 2705/Chny/2019, ("नधा"रण वष" / Assessment Years: 2014-15,2015-16 & 2016-17) The Dcit, Vs M/S. Snj Distillers Pvt. Ltd. Central Circle 2(1), Old No.47, New No.99, Chennai – 600 034. Canal Bank Road, Cit Nagar, Nandanam, Chenani – 600 035. Pan: Aalcs9312F (अपीलाथ"/Appellant) (""यथ"/Respondent) & आयकर अपील सं./I.T.A.Nos.2194, 2195 & 2993/Chny/2019, ("नधा"रण वष" / Assessment Years: 2015-16, 2016-17 & 2017-18) Vs The Acit, M/S. Snj Distillers Pvt. Ltd. Old No.47, New No.99, Central Circle 2(1), Canal Bank Road, Chennai – 600 034. Cit Nagar, Nandanam, Chenani – 600 035. Pan: Aalcs9312F (अपीलाथ"/Appellant) (""यथ"/Respondent) "नधा"रतीक" ओर से/Assessee By : Shri D. Anand, Advocate : राज"कीओरसे /Revenue By Shri Ar.V. Sreenivasan, Addl.Cit : सुनवाई क" तार"ख/Date Of Hearing 13.10.2020 घोषणा क" तार"ख /Date Of Pronouncement : 04.11.2020

For Appellant: Shri D. Anand, Advocate
Section 132Section 139Section 143(1)Section 14ASection 234A

seized incriminating document being scribbling pad is in fact the undisclosed income of the assessee or which is a dumb paper having no evidentiary value. Admittedly, incriminating material found during the course of search in the possession of an employee of the company does not bear the signature ... stated that the same has been recorded at odd hours in a confused state of mind and coercion. Therefore, it does not carry any evidentiary value. The assessee had also made an allegation that the said document was written on the same day at the direction of the Search Party

DCIT, CC-2(1), Chennai vs. M/S. Snj Distillers Pvt. Ltd., Chennai

In the result, the appeals filed by the Revenue for Asst

ITA 2704/CHNY/2019[2015-16]Status: DisposedITAT Chennai04 Nov 2020AY 2015-16

Bench: Shri Duvvuru Rl Reddy & Shri G. Manjunathaआयकर अपील सं./I.T.A.Nos.2703, 2704, 2705/Chny/2019, ("नधा"रण वष" / Assessment Years: 2014-15,2015-16 & 2016-17) The Dcit, Vs M/S. Snj Distillers Pvt. Ltd. Central Circle 2(1), Old No.47, New No.99, Chennai – 600 034. Canal Bank Road, Cit Nagar, Nandanam, Chenani – 600 035. Pan: Aalcs9312F (अपीलाथ"/Appellant) (""यथ"/Respondent) & आयकर अपील सं./I.T.A.Nos.2194, 2195 & 2993/Chny/2019, ("नधा"रण वष" / Assessment Years: 2015-16, 2016-17 & 2017-18) Vs The Acit, M/S. Snj Distillers Pvt. Ltd. Old No.47, New No.99, Central Circle 2(1), Canal Bank Road, Chennai – 600 034. Cit Nagar, Nandanam, Chenani – 600 035. Pan: Aalcs9312F (अपीलाथ"/Appellant) (""यथ"/Respondent) "नधा"रतीक" ओर से/Assessee By : Shri D. Anand, Advocate : राज"कीओरसे /Revenue By Shri Ar.V. Sreenivasan, Addl.Cit : सुनवाई क" तार"ख/Date Of Hearing 13.10.2020 घोषणा क" तार"ख /Date Of Pronouncement : 04.11.2020

For Appellant: Shri D. Anand, Advocate
Section 132Section 139Section 143(1)Section 14ASection 234A

seized incriminating document being scribbling pad is in fact the undisclosed income of the assessee or which is a dumb paper having no evidentiary value. Admittedly, incriminating material found during the course of search in the possession of an employee of the company does not bear the signature ... stated that the same has been recorded at odd hours in a confused state of mind and coercion. Therefore, it does not carry any evidentiary value. The assessee had also made an allegation that the said document was written on the same day at the direction of the Search Party

DCIT, CC-2(1), Chennai vs. M/S. Snj Distillers Pvt. Ltd., Chennai

In the result, the appeals filed by the Revenue for Asst

ITA 2703/CHNY/2019[2014-15]Status: DisposedITAT Chennai04 Nov 2020AY 2014-15

Bench: Shri Duvvuru Rl Reddy & Shri G. Manjunathaआयकर अपील सं./I.T.A.Nos.2703, 2704, 2705/Chny/2019, ("नधा"रण वष" / Assessment Years: 2014-15,2015-16 & 2016-17) The Dcit, Vs M/S. Snj Distillers Pvt. Ltd. Central Circle 2(1), Old No.47, New No.99, Chennai – 600 034. Canal Bank Road, Cit Nagar, Nandanam, Chenani – 600 035. Pan: Aalcs9312F (अपीलाथ"/Appellant) (""यथ"/Respondent) & आयकर अपील सं./I.T.A.Nos.2194, 2195 & 2993/Chny/2019, ("नधा"रण वष" / Assessment Years: 2015-16, 2016-17 & 2017-18) Vs The Acit, M/S. Snj Distillers Pvt. Ltd. Old No.47, New No.99, Central Circle 2(1), Canal Bank Road, Chennai – 600 034. Cit Nagar, Nandanam, Chenani – 600 035. Pan: Aalcs9312F (अपीलाथ"/Appellant) (""यथ"/Respondent) "नधा"रतीक" ओर से/Assessee By : Shri D. Anand, Advocate : राज"कीओरसे /Revenue By Shri Ar.V. Sreenivasan, Addl.Cit : सुनवाई क" तार"ख/Date Of Hearing 13.10.2020 घोषणा क" तार"ख /Date Of Pronouncement : 04.11.2020

For Appellant: Shri D. Anand, Advocate
Section 132Section 139Section 143(1)Section 14ASection 234A

seized incriminating document being scribbling pad is in fact the undisclosed income of the assessee or which is a dumb paper having no evidentiary value. Admittedly, incriminating material found during the course of search in the possession of an employee of the company does not bear the signature ... stated that the same has been recorded at odd hours in a confused state of mind and coercion. Therefore, it does not carry any evidentiary value. The assessee had also made an allegation that the said document was written on the same day at the direction of the Search Party