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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
P.SAM KOSHY, SUDDALA CHALAPATHI RAO
Swapna – Appellant
Versus
Dy. Commissioner of Income-tax, Central Circle-6 – Respondent
| Table of Content |
|---|
| 1. appeal background and initial assessment details. (Para 2 , 4 , 6) |
| 2. arguments by appellant and revenue regarding evidence. (Para 7 , 9 , 10 , 11 , 12 , 13 , 14) |
| 3. insufficiency of evidence and burden of proof in tax cases. (Para 16 , 21) |
| 4. judicial precedents on agreements and evidentiary value. (Para 17 , 18 , 19) |
| 5. conclusion to set aside itat decision. (Para 20 , 22 , 23) |
JUDGMENT :
P. Sam Koshy, J.
Heard Mr. Duvva Pavan Kumar, learned counsel representing Mr. Y.Ratnakar, learned counsel for the appellant / assessee; and Mr. Srinarayan Toshnival, learned counsel representing Mr. N. Praveen Reddy, learned Standing Counsel for the Income Tax Department / Revenue.
2. The instant appeal under Section 260A of the Income Tax Act, 1961 (for short ‘the Act’) has been filed by the appellant challenging the order passed by the Income Tax Appellate Tribunal, Hyderabad Bench ‘A’, Hyderabad (for short the ‘ ITA T’) in No.1317/Hyd/2010, decided on 04.05.2012.
3. Vide the impugned order; the ITAT affirmed the order passed by the Commissioner of Income Tax (Appeals), dated 28.01.2010, who in turn held the disallowance of Rs.20 lakhs and deleted the balance addition of Rs. 48,8
The evidentiary value of unsigned agreements is insufficient to substantiate tax claims of unexplained investments without corroborating evidence of actual payments.
Additions for on-money u/s 69 cannot be made solely on third-party loose papers or builder statements without direct corroborative evidence linking assessee, her name, or relevant year.
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