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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

Nagalakshmi Devineni, Hyderabad vs. DCIT, Central Circle-1(2), Hyderabad

In the result, the appeal of the assessee in ITA no

ITA 1559/HYD/2025[2023-24]Status: DisposedITAT Hyderabad11 Feb 2026AY 2023-24

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdia(In आयकर अपीलसं./I.T.A. No.1559/Hyd/2025 ("नधा"रणवष"/ Assessment Year:2023-24) Nagalakshmi Devineni, Vs. Dcit, Hyderabad. Central Circle-1(2), Pan: Afnpd6112N Hyderabad. (अपीलाथ"/ Appellant) (""यथ"/ Respondent) (In आयकर अपीलसं./I.T.A. No.1563/Hyd/2025 ("नधा"रणवष"/ Assessment Year:2021-22) Sri Venkat Devineni, Vs. Dcit, Hyderabad. Central Circle-1(2), Pan: Alipd6384R Hyderabad. (अपीलाथ"/ Appellant) (""यथ"/ Respondent) (In आयकर अपीलसं./I.T.A. No.1573/Hyd/2025 ("नधा"रणवष"/ Assessment Year:2022-23) Sricharan Devineni, Vs. Dcit, Hyderabad. Central Circle-1(2), Pan: Bgjpd6383B Hyderabad. (अपीलाथ"/ Appellant) (""यथ"/ Respondent) करदाताका""त"न"ध"व/ : Shri H. Srinivasulu, Advocate Assessee Represented By राज"वका""त"न"ध"व/ : Dr. Sachin Kumar, Sr. Ar Department Represented By

Section 132Section 132(4)

Delhi High Courts, it is evident that, a statement of assessee at the time of search on standalone basis has no evidentiary value and cannot be acted upon to fasten any liability on the assessee. Respectfully following the judgement of Hon’ble Delhi High court, we hold that a statement ... whether the statement is of a third party or of the assessee himself, and that a statement simpliciter, without supporting material, has no evidentiary value for making an addition. 20. Per contra, the Ld. DR relied upon the same submissions as were advanced by the Revenue in ITA No.1559/Hyd/2025