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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BHARGAV D. KARIA, PRANAV TRIVEDI
Principal Commissioner Of Income Tax, Central Surat – Appellant
Versus
Dharmesh Bharatbhai Thakkar – Respondent
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| 1. court proceedings begin with the hearing of the senior standing counsel. (Para 1) |
ORDER :
BHARGAV D. KARIA, J.
1. Heard learned Senior Standing Counsel Mr.Karan Sanghani for the appellant. This appeal is filed under Sec.260A of the Income Tax Act, 1961 (for short ‘the Act), proposing the following substantial questions of law arising out of the order dated 31.07.2023 passed by the Income Tax Appellate Tribunal, Surat Bench, (for short ‘the Tribunal’), in ITA No. 287/SRT/2022 for the Assessment Year 2017-18:
“[A] Whether on the facts and in the circumstances of the case and in law, the order of the Hon’ble Appellate Tribunal is ex facie perverse, because the Hon'ble Appellate Tribunal has deleted the addition of Rs. 6,31,50,000/- made u/s. 69 of the Act, despite the fact that the addition was made on the basis of incriminating details/document i.e notarized agreement recovered during the survey proceedings, and without appreciating the entire gamut of facts brought on record by the Assessing Officer?
[B] Whether on the facts and in the circumstances of the case and in law, the order of the Hon'ble Appellate Tribunal is ex facie perverse, because the Hon'ble ITAT has de
The decision emphasizes that tax assessments must be based on well-substantiated evidence, nullifying assumptions made from contested documents.
The evidentiary value of unsigned agreements is insufficient to substantiate tax claims of unexplained investments without corroborating evidence of actual payments.
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