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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

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

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

ITA 2195/CHNY/2019[2016-17]Status: DisposedITAT Chennai04 Nov 2020AY 2016-17

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

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

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

ITA 2194/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 2705/CHNY/2019[2016-17]Status: DisposedITAT Chennai04 Nov 2020AY 2016-17

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

Shri Ghasi Ram, Kotkasim vs. ITO, Ward-1(5), Alwar

In the result, this appeal of the assessee is dismissed

ITA 3/JPR/2020[2011-12]Status: DisposedITAT Jaipur03 Nov 2020AY 2011-12

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 03/Jp/2020 Fu/Kzkj.K O"Kz@Assessment Year :2011-12 Cuke Ghasi Ram Kotkasim, Ito, Vs. C/O- O.P. Batheja, D-18, Anand Ward-1(5), Vihar, Railway Colony, Jagatpura, Alwar. Jaipur-302017. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Bnupr 2296 D Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By: Shri O.P. Batheja (Itp) Jktlo Dh Vksj Ls@ Revenue By : Ms. Chanchal Meena (Addl.Cit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 19/10/2020 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 03/11/2020 Vkns'K@ Order

For Appellant: Shri O.P. Batheja (ITP)For Respondent: Ms. Chanchal Meena (Addl.CIT)
Section 142(1)Section 148Section 234A

said agreement which goes to prove that Jaipal was never signatory or party to the said agreement. Therefore, this document dated 04/03/2010 carries no evidentiary value. Even otherwise, the registered sale deed dated 05/05/2010 ITA 03/JP/2020_ 12 Ghasi Ram Kotkasim Vs ITO is between the different parties i.e. the assessee ... said Jaipal has not found to be signatory to the said agreement dated 04/03/2010 which amply proves that this document dated 04/03/2010 carries no evidentiary value, therefore, no benefit can be derived upon by the assessee on the basis of said agreement to sell. It is a settled law that

Shri Jaisingh Yadav, Jaipur vs. ACIT, Central Circle-3 Jaipur

In the result, both these appeals of the assessee are allowed

ITA 1291/JPR/2019[2015-16]Status: DisposedITAT Jaipur20 Oct 2020AY 2015-16

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 1290 & 1291/Jp/2019 Fu/Kzkj.K O"Kz@Assessment Year :2014-15 & 2015-16 Cuke Jaisingh Yadav, A.C.I.T., Vs. 1, Mehta Ki Dhani, Chandra Nagar- Central Circle-3, A, Govindpura, Kalwar Road, Jaipur. Jaipur. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Acwpy 5493 R Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By: Shri Avinash Khandelwal (Ca) Jktlo Dh Vksj Ls@ Revenue By : Ms. Chanchal Meena (Addl.Cit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 07/10/2020 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 21/10/2020 Vkns'K@ Order Per: Sandeep Gosain, J.M. Both These Appeals Have Been Filed By The Assessee Against The Two Separate Orders Of The Ld. Cit(A)-4, Jaipur Dated 18/09/2019 For The A.Y. 2014-15 & 2015-16 Respectively. Grounds Taken By The Assessee In Both These Appeals Are Reproduced As Under: Grounds Of Ita No. 1290/Jp/2019 (A.Y. 2014-15) “1. The Learned Ao Has Seriously Erred In Law & Facts In Making Addition Of Rs. 1274700 In The Income Of Assessee As Undisclosed Income. Hon'Ble Cit (Appeals) Has Seriously Erred In Rejecting The Appeal Of Assessee & Confirming The Additions Without Considering The Appeal Submission & On Wrong Premise. The Learned Cit (Appeals) Erred In Referring The Copy Of Itr Of Female Family Members Of Assessee As Certain Loose Documents Which Contained Incriminating Transaction & Also Erred In Stating That The Appellant

For Appellant: Shri Avinash Khandelwal (CA)For Respondent: Ms. Chanchal Meena (Addl.CIT)
Section 292C

ensue. The situation resembles the one, which arises on retraction from the statement recorded under section 164 of the Code of Criminal Procedure. The evidentiary value of a retracted statement becomes diluted and it loses the strength, to stand on its own. Once the statement is retracted, the assessing authority

Shri Jaisingh Yadav, Jaipur vs. ACIT, Central Circle-3 Jaipur

In the result, both these appeals of the assessee are allowed

ITA 1290/JPR/2019[2014-15]Status: DisposedITAT Jaipur20 Oct 2020AY 2014-15

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 1290 & 1291/Jp/2019 Fu/Kzkj.K O"Kz@Assessment Year :2014-15 & 2015-16 Cuke Jaisingh Yadav, A.C.I.T., Vs. 1, Mehta Ki Dhani, Chandra Nagar- Central Circle-3, A, Govindpura, Kalwar Road, Jaipur. Jaipur. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Acwpy 5493 R Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By: Shri Avinash Khandelwal (Ca) Jktlo Dh Vksj Ls@ Revenue By : Ms. Chanchal Meena (Addl.Cit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 07/10/2020 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 21/10/2020 Vkns'K@ Order Per: Sandeep Gosain, J.M. Both These Appeals Have Been Filed By The Assessee Against The Two Separate Orders Of The Ld. Cit(A)-4, Jaipur Dated 18/09/2019 For The A.Y. 2014-15 & 2015-16 Respectively. Grounds Taken By The Assessee In Both These Appeals Are Reproduced As Under: Grounds Of Ita No. 1290/Jp/2019 (A.Y. 2014-15) “1. The Learned Ao Has Seriously Erred In Law & Facts In Making Addition Of Rs. 1274700 In The Income Of Assessee As Undisclosed Income. Hon'Ble Cit (Appeals) Has Seriously Erred In Rejecting The Appeal Of Assessee & Confirming The Additions Without Considering The Appeal Submission & On Wrong Premise. The Learned Cit (Appeals) Erred In Referring The Copy Of Itr Of Female Family Members Of Assessee As Certain Loose Documents Which Contained Incriminating Transaction & Also Erred In Stating That The Appellant

For Appellant: Shri Avinash Khandelwal (CA)For Respondent: Ms. Chanchal Meena (Addl.CIT)
Section 292C

ensue. The situation resembles the one, which arises on retraction from the statement recorded under section 164 of the Code of Criminal Procedure. The evidentiary value of a retracted statement becomes diluted and it loses the strength, to stand on its own. Once the statement is retracted, the assessing authority