← 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

Bharat Bhusan Deo, Jajpur vs. ACIT, Circle-1(1), Cuttack

In the result, the appeal of assessee is dismissed

ITA 95/CTK/2016[2007-08]Status: DisposedITAT Cuttack28 Aug 2020AY 2007-08

Bench: Shri C.M. Garg, Jm & Shri L.P. Sahu, Am आयकर अऩीऱ सं./Ita No.95/Ctk/2016 (नििाारण वषा / Assessment Year :2007-2008) Sri Bharat Bhusan Deo, Vs. Acit, Circle-1(1), Cuttack At/Po: Baragadia, Dist-Jajpur Pan No. : Aatpd 6411 H (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri G. Nayak, Ar राजस्व की ओर से /Revenue By : Shri Subhendu Datta, Dr सुनवाई की तारीख / Date Of Hearing : 25/08/2020 घोषणा की तारीख/Date Of Pronouncement : 31/08/2020 आदेश / O R D E R Per L.P.Sahu, Am: This Is An Appeal Filed By The Assessee Against The Order Passed By The Cit(A), Cuttack, Dated 22.01.2016 For The Assessment Year 2007- 2008 On The Following Grounds :- 1. The Order Of Assessment As Well As The Appellate Order Is Against Law, Weight Of Evidences & Probabilities Of The Case. 2. The Learned Assessing Officer Most Arbitrarily Added To The Total Income Of The Assessee The Amount Of Rs.29,00,000/- Received As Loan On Different Dates From Friends, Relatives & Staff At The Time Of Constraint Of Funds & Utilized In The Business Of M/S Chaitanya Minerals, A Proprietory Concern Of Shri Bharat Bhusan Deo, For The Running & Survival Of The Business, Without Considering The Facts & Circumstances Under Which The Same Was Taken. 3. The Learned Assessing Officer Most Arbitrarily Added The Amount Of Rs.29,00,000/-U/S 68 Of The Income Tax Act As Income From Undisclosed Source Without Accepting The Fact Of Creditworthiness Of The Persons Giving Loans & The Genuineness Of The Transactions.

For Appellant: Shri G. Nayak, ARFor Respondent: Shri Subhendu Datta, DR
Section 142(1)Section 144Section 271(1)(b)Section 68

held as non-genuine." 10. From the above discussion, it is quite apparent that the contention of the appellant does not carry the evidentiary value to establish the identity of the loan creditors, the genuineness of such transaction and the creditworthiness of the loan creditors.' I am therefore, inclined with